IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


1.25 


IM    1111125 


3.2 


1.4 


2.0 


1.8 


lll^ 


0 


/a 


/. 


■cM 


^^^         ^^ 


"> :/ 


o 


/ 


/A 


Photographic 

Sciences 

Corporation 


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1. 


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23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
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copy  which  may  be  bibliographically  unique, 
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the  usual  method  of  filming,  are  checked  below. 


D 


□ 


□ 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damagjd/ 


Couverture  endommagee 


Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pellicul^e 


□    Cover  title  missing/ 
Le  titre  de  couverture  manque 

□    Coloured  maps/ 
Cartes  g^ographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
ere  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


D 


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Bound  with  other  material/ 
Relid  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int6rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 

Additional  comments:/ 
Commentaires  suppl6mentaires; 


L'Institut  a  microfilmd  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifiei- 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
rrmdification  dans  la  methods  normale  de  filmage 
sunt  indiquds  ci-dessous. 

□    Coloured  pages/ 
Pages  de  couleur 

n    Pages  damaged/ 
Pages  endommagdes 

r"n/Pages  restorer  and/or  laminated/ 
L_]    Pages  restaur6es  et/ou  peilicul^es 

I     y  Pages  discoloured,  stained  or  foxed/ 
Lkj    Pages  d6color6es,  tachet^es  ou  piqu^es 

I      I    Pages  detached/ 


D 
D 


Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  prir 

Qualit^  indgale  de  I'impression 

Includes  supplementary  materia 
Comprend  du  materiel  suppliimentaire 


r~2   Showthrough/ 

I      I    Quality  of  print  varies/ 

I      I    Includes  supplementary  material/ 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  peiure, 
etc.,  ont  6t6  filmdes  d  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiqu6  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


y 

12X 


16X 


20X 


24X 


28X 


32X 


re 

idtails 
es  du 
modifier 
er  une 
rilmage 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  Public 
Archives  of  Canada 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


L'exemplaire  filmi  fut  reproduit  grflce  d  la 
g6n6ro8it6  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 

Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  filmd,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


es 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres 
sion,  or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimde  sont  filmis  en  commen^ant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniiire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commen^ant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^^  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  -^  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  Lottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmte  d  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  il  est  filmd  d  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


errata 
d  to 


e  pelure, 
:on  d 


n 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

6 

The  Blood  OF  Abel 


"  lyr/us,  recludens  iinvwritis  niori 
Caelum,  nef^ata  tentat  inter  via, 
Coctusqiw  vuii^ares  et  iidam 
Spernit  humton  fugiente  penna'^ 

—  HORATILS, 


Copyright,  1887,  by  Wilbur  F.  Bryant. 


ALL  RIGHTS  RESERVED. 


Published,  for  the  author,  by  tlio 

(}AZKTTI'>JoilRNAL  COMPANY,  HaMTINUS,  NEBRASKA, 

.  1887. 


i 


TO   IHE  MEM()R\-  OF 


WILLIAM   LEARNED  MARCV 


A    Dkmockat    oI'    TiiK    Om)   Sciiooi,;   a    Sta'iksmw 
Sui'JiRi,ATi vi:  AiMi.nN  ;  thk  Contkmi'oi} akv  oi 


(i|- 


Cmiioux,  Ci.av   AM)  Wkhstk 


l<  :     A  M  >     III  K 


Peeroi-  Thk.m  Am.;  and,  Best  oi'  Alt, 

THE  Fearless  and  Uxco.mi'romising 

Defender    of  tite   RkjIits  oi- 


Americans  A 


BROAD, 


THIS  LIT  fix  V(.)LUME  IS  DEUICATKI) 


BV 


Ti 


IE   iVUTIlOR. 


PREFACE, 


T 


IIOMAS   PAINE   savs,  somewhere,  that  the  last  part 


o 


f  a  hook,  to  hf  written,  is  the  i)reface 


II 


e  mi<j 


ht  h 


avc 


added,  that  it  was  the  hardest  to  write.  It  is  the  author's 
apology  to  the  reader.  I  do  not  like  apolo^^ies.  Hence  T 
shall  offer  none.  Tiiis  little  book  was  not  wiitfen  for  gold 
or  for  gloi  y,  nor  for  that  fool's  gold  of  fame  -  notoriety.  Its 
author  had  a  word   to  speak;  and   he  has  spoken  it. 


W.  F.  B. 


WrsT  PoiN-r,  March  _'/,  1SS7. 


«( 


H' 


IKI,   was  the  John   I'.iown  nf  tlie  half-breed, — a  fanatic  with  a  jiist 
cause  behind  him,  at  least  a  cause  which  rested  on  the  bed-rock  of 
justice  in  the  minds  of  hi-;  supporters.'"  — [^Sprin'^Jlciii  KcpithHiivi. 


"  lie  was  a  man  of  strange  temperament, 

( >f  mild  demeanor,  though  of  savaj^^'e  mood. 
Moderate  in  all  hi.-,  habits,  and  content 

With  temperance  in  pleasure,  as  in  food, 
(Jnick  to  perceive,  and  stront;  to  l)ear,  ami  meant 
For  something  belter,  if  not  wholly  good  ; 
■     His  country's  wrongs,  and  his  desi)nir  to  save  her. 
Had  stung  him  from  a  slave  to  an  enslaver."' 

— \DeSiription  of  f.iiinlno  in  Byron's  Don  Juan. 


"  I  did  all  1  could  to  get  free  institutions  Icr  Manitoba.  They  have  those 
Institutions  to-day  in  Manitoba,  and  try  to  iriprove  them,  while  myself  who  ob- 
tained them,  1  am  forgotten  as  if  1  were  dead." 

— [/.onis  /\ii'/'s  .li/ih-ess  /o  the  Jnrv. 


"  .\h  ("lod  1  tliat  gastly  gibbet  I  how  dismal  'tis  to  see 
The  greu,  tall,  spectral  skeleton,  the  ladder,  and  the  tree." 

— [.-/I'Aw//. 


"  I  lad  Don  I'acitico  been  naturalized  at  Gibraltar  instead  of  having  been  born 
there,  he  would  have  been  not  the  less  entitled  to  '  British  Protection." '" 

'  — \^Sir  .Uex(Vt(/er  Coikhitrn. 


"Speak,  Satire,  for  there's  none  can  tell  like  thee. 
Whether  "tis  folly,  pride,  or  knavery, 
That  makes  thi«  discontented  land  appear 
Less  happy  now  in  times  of  peace,  than  war."       — [Dffoe. 


i 


Tin-:  lll.nah  o/'  Ari'J.. 

»"  My  cliaryes  upon  record  will  outla.st 

The  brass  of  both  his  fpita])li  and  Idiub.' 
'  Ktpeni'st  thounot,'  said  Midiael,  'of  some  past 
Exa^geralioii?     Something  which  may  doom 
'I  hyself  if  false,  as  him  if  true?     Thou  wasi 

'loo  liiltcr — is  it  not  so? — in  thy  ^loom 
(Jf  passion?  '     '  I'a.ssion  I  '  cried  the  )iliant(ini  dim, 
'  I  loved  my  country,  and  I  haled  him.'  '" 
-[/)/ii/n^i^Uf  behvcftt  Michael  and  Junius^  in  Hyioiis  I'isii'ii  «/  Jiiii^nitnf. 


'•  The  watchhd  caie  and  mtcreM  <>f  tliis  (Idvcrnment  over  it>  citizens  are  not 
relinquished  because  they  are  g<ine  al)roa(l,  and  if  charj^eiT  with  a  crime  com- 
mitted in  the  foreign  land,  a  fail  and  open  trial,  conducted  witli  ;\  decent  regard 
f'li  jn>tice,  and  humanity,  will  be  demanded  for  them.'" 

—  [  ricsidfHl  i'lri^eliuui' s  Mt'ssa;^f  tc  Cong)-t.^<,  Di'icniher  (■>,  iSS6. 

"  And  the  i.ord  saiil  to  (  ain  :  Where  is  tliy  brotiier  Aiiel  .•'  and  lie  answered  : 
I  knuw  not;  atn  I  my  brother's  keeper?  And  he  said  to  him  :  What  hast  thou 
done?     The  voiie  of  thy  brother's  blood  crieth  to  me  from  the  ^arih." 

— [iienesis,  Cluip.  /:■,,  t)-io. 


The  Blood  of  Abel 


PART  THE  FIRST. 


Ultima  Thule 


THE  BLOOD  OF  ABEL. 


Fart  the  First, 


TME  NOHIM  WES'F 


"  This  kiiij;  of  the  ■.ulitiulcs  iiccils  .in  cinjiiic  fur  liis  ()|icralioiis." 

..  ^  [^/'lOffMO/     /if  III, 


T 


m: 


most 


inipurtaiU    |)li\  sii'al     (lisisiini    of    ilic    Xoilh 


AmciiiMii    coiitiiKMit    is  tlu;   'Tcat  (.(.Milr, 


1)1.1111    \\  hull 


)ii 


strrlilu's  fiom   the  Aictic  ( )(:i';m,  on  the  North,  lo   llic  (ml) 
of  Mexico, tMi  the  South.      This  plain  i>  hoiindt'd  on  tho  \\'t.'--t 
1)\  tlu"  Rocky  Momitaiiis,  ami  on  the  \]:i>\  \>\  tlio  Appahicjiian 


M 


oiiiitaiii  system,  \v 


hich. 


iiiuuM    tlie  various  names  o 


f  A 


Ijpa- 


ns 


ic, 


lachiau,  Allcj^hany,  C'atskill,  Adiiouchicks,  (irccii  ^foulllai 
and  White  Moiiiilains,  exteiuls  aioiijr  the  coast  of  th(  .\thint 
noitheily,to  the  water  system  formed  l)y  ihe  (ireat  Laki-s  .md 
the  Saint  Lawrence  River,  north  of  which  system  the  _i,'real 
plain,  leapintj  beyond  tlie  boundaries  Nature  has  fixed  in  tiie 
South,  stretches  out,  toward  tlie  ICast,  to  Hudson  iJay,  and 
South  of  that  bav,  in  tiie  dreai  v,  fan-shajjed  deseit  of  noifh- 
crn  Labrador,  which  country  is  honiuled  on  the  Soutli  i>\   the 

It  is  hardly  exai^jxcration  to  say,  that 


is. 


W'otchish  Mountaii 
a  person  mi^dit  walk  throufjjh  this  plain,  from  the  mouth  of 
the  Mackenzie  River,  at  its  northern  to  the  Delta  of  the  Mis- 
sissippi  at  its  southern  extremify,  without  meetin*;  a  percepti- 
hje    rise  upon   the   face  of   the  countrx ,      Near  the  centre  of 


^  .1 


10 


////;  iiiAum  or  a/:/:/. 


till" 


hasm,    h(n\  i'\iM",   m   a 


bout 


alitiidc    ^(t^'   iiort  li.  tlu  rr  i>  a 


bread    liiif    oiiiilf    swell,  w  itluuit     aiiv    drlincd    fir>l. 


TI 


lis 


\\  aUM-Nlu'd.  as  ii  is  (.alUil,  stalls  fioiti  tlu-  i-asti'in  slope'  of  the 

1  I  .aUi'  Su|K'ri()r, 


K 


1  IC  K  ' 


M 


ouiitams,  and  riiiis  eastward,  tow  ai< 


a  little  West  of  wliirh  it  divides.  Its  rise  is  so  L^radiial,  that 
the  unscietitilie  ohseiv  er  eaii  diseo\  I'r  llie  summit,  oiil\' h\  the 
m-iu'ial  i-iuirse  of  tlu'  ri\ers,  w  hic-ji.  di\  er^iii^-  at  this  phut', 
lilvc  the  ii\iMs  of  Mdeii.  tlow  id  a  noitheilv  or  southerly  di- 
iietioii,  toward  tin'  Aielie  (  )eeaii  or  ilu-  (iidph.  aeeoi  diiij^l  v 
as  tlu'\  risi'  to  the  North  or  Soutli  of  the  suminil.  It  miuhi 
hesh:i\iui;  the  edt^i'  of  Inpei  i>;)le  to  iiiia;.^iue  I  \\  o  drops  of 
rain  falliii'4'  upon  t  lie  summit  of  this  swell  siimdtaiieoiisK  ,  aiul 
paitiiiL;  eompaiiv  at  the  apex  of  its  obtuse  an^le;  the  oiu'  to 
be  borne  s(Milliward.  b\-  the  Mississippi,  to  the  tepid  waters  of 
the  (iiil])h;   the  ^•theI   1>\    Ni'lson  Ri\i-r  and  Hudson  Strait  to 


t  lie  I  id/en  oeiM'i  i>f  the  North.     I' his  terrei 


le  wavi>  o 


f  d 


emarea- 


t loll  w,«s  onee  belie  \  ih 


1  to  be  tlie  track  of   the  isothermal  line 


of  aL;rieultuie,  in  this  reL;ion.     Hut  here  bistor\  has  i^iven  the 


he  to  SI  len 


ee. 


TI 


ie  eountrx-  luulb  of  the  SS''^  ^I'-'JA''-*^"  "^  latitu^le  'iiay,  | 


)er- 


haps,  be  regarded    as  ihe  linesi  fur-produeinq;   eounliy  in   the 


world 


It 


s  rock \'  sol 


1  and 


se\  ere  elimate  render  it  unlit  for  ay;- 


ulture.    The  ten  ilorv  1\  iii'-:  south  of  this  latitude,  and  notih 


of   iIm 


I') 


th  <1 


e'jree.  between 


the  I 


\  oek  V 


M 


ouutaius,  am 


I   tl 


le 


Si)lli  meiidian  of  lonjj^itude,  is  a  country  bearing;-  in  its  womb 
^iant  possibilities.  .\lread\  a  lar<;e  porlion  of  it  has  been 
redeemed  from  desolation  and  sava_i;er\  by  the  silent,  but 
tellini:  labour  o{  the  rustic  toiler.  I\ite  h.;s  destined  this  to 
be  the  <;reat  wlu  at-j)ro(lucing  country  of  the  y^lobe.  It  re- 
quires neither  the  i)eu  of  a  poet,  nor  the  eye  of  a  seer  to 
picture  a  second  Odessa  sprin«^iny-  up  o\i  the  coast  of  Hudson 
Kav.  when  the  beaten  iiath  of  commeice  shall  lie  belwi'en 
the  mouth  of  t'.ie  Mersey  antl  the  mouth  of  the  Nelson.  In 
this  country  we  inii^ht  place  AustriaTIuii^ary,  l^Ui^land  and 
Fiance;   and   ha\e  left  sullicienl  teiritoiy  for   a    respectable 


77//;  Mt/rni-  ir/.'.v/-. 


IS 


I'lnpiic, 


The  careful    stiulfut  of   liist.ii\-  will    lu-vrr  ronsiiiiT 


its  (.-limatc  as  uiilitatiiiLj  against  its  fiiliiic.  Auv  poison  famil- 
iar with  Ca'sai's  ComnRM\tai  ios  will  rcalixi- \\  hat  chaiifxcs  the 
scttlcniout  of  tlu'  loimtiv,  tin."  iniltix  atioii  of  tlu-  soil,  ami  the 
introduction  of'  ci\ili/aiion  ha\  c  wroUL;ht  in  tlu'  climate  of 
ICuropc.  Manitohi  is  in  the  same  laliuideas  tlu-  southci"t\ 
part  of  I'>n;j[lan(l.      ^'et  the  lime  was,  since  the  commencenu-nt 


of  onr  era.  when 


.upland,  t  hen  a  cold  and 


l>arren  laml,  was 


in   possession  of   waiulerinj^    triln's  \\  hi>   iiihahitrd    rude  hut' 


ma( 


le  of 


wicUcr  and  mud,  I'lictcil   in  chistiMs  oi   hamli-ts.  lil 


Indian  tipis.      One  such  theic  was  upon  the  sIkmcs  of  a  ri\i"r 


bounded  on 


thr 


ee  sK 


les  1 


i\   a 


trackless  forest.    'I"hi 


ld\ii-I)in,  or   "the   town  on  the  lal 


\e, 


s  \\  as  calle*! 


L  ontrast  il  \\  i'. h  t  he 


1 


oiivlon  o 


f  t 


t)-d.iv 


I'he  pi  i(k'  of    the  North-West  is   its    ri\t"is   and    lak 


these  it  licals  almost  an\  i-ounti\  of  the  <  )ld  W'oiKI.  I'or  the 
purposes  oi  this  volume  the  description  of  oiil\  one  of  thesi- 
n\ers  is  lucessarv.  The  S;isk;nchc\\  an  is  ircoirraphicalU  and 
historicallv  famous,  at  once  the  K  hine  ami  Tiher  of  ihi'  North- 
\\  est.  Its  n;ime  is  eithei"  a  corruption  of,  or  a  deii\  ati\  e  trom, 
the  huiian  wt)rd  KissisUachewan,  si^nif viu.u'.  iu  t he  (.'ree  lan- 
t^iiai^e,  ''swift  curreul."  This  river,  like  the  Nile,  has  an  u|)per 
course,  consistiiiij;  of  two  hranches.  Tlie  North  luauch  rises 
in  (ilacier  Lake,  a  hodv  of  water,  ahout  ten  miles  in  leuj^'th 
by  twoui  width.  King  on  the  east  s'.ojH"  of  theKock\  Moimt- 
ains,  neai-  Stdlixan's  I'e^k,  at  an  altitude  of  <>,,^|7  feel  ahoxe 
the  level  of  the  sea,  neaih  the  heij^ht  of  Mom\t  Washington. 
The  course  of  this  stri-am  is  I^ast,  past  Mount  Murchison.  a 
point  of  land  i^^-jSi)  ivc[  ahoxe  the  sea-li'\el  a  trille  hi>_;her 
than  Mount  Hhnu.  Then,  chan^iii^'  its  course  to  a  more 
tiortheriv  direction,  it  unites  with  the  south  hranch  near  lon^i- 
tudi'  U)^*'"  ij'.  ahout  \  z'^'  iS'  east  of  its  source.  This  hranch 
is  aliout  550  miles  i.)  lens^th,  l()ny;er  than  the  Penobscot,  An- 
(.lrosc()ij^j;in  and  Mohaxvk  rivers  combined.  Tiie  south  fork 
is  formed  bv  the  Junction  of  two  little  mountain  streams,  the 


!,■! 


I-' 


Tin-:  IIIAJOI)  OF  Alll.L. 


Bow  Mild  I'clly.  Ill  fact,  later  cxplonitioii'-  ha\c  neail\-  c-stiib- 
lishc.l  tlie  fact,  that  the  liovv  is  the  main  stream  ;  and  the  other 
is  a  mere  trihutai  v.  liow  River  takes  its  vise  in  a  tiny  lake 
which  descends  from  a  matjnificent  glacier,  and  in  a  crronj:)  of 
sprin<:^s  in  the  vicinity.  After  its  junction  with  the  Belly  it 
pursues  a  southerly  course  till  it  unites  with  the  Deer  Rixei. 
Thence  it  pursues  a  more  easterly  course  till  it  unites  with 
the  north  1  ranch.  The  latitude  of  these  sources  differs  a  little 
more  than  two  dejji'rees.  From  the  union  of  the  north  and 
south  branches,  the  nniin  stream  pursues  its  course  for  about 
200  ir.iles.  I'his  course  is  North- East  to  parallel  Sj'"  i  then 
the  ri\  er,chan<^in|:^  its  course,  describes  an  '.x-bow,  takes  a  gen- 
eral south-easterlv  course  to  Cedar  Lake.  The  lake  is  simjily 
an  expansion  or  \videning  of  the  river,  which  keeps  its  course 
to  Lake  \\  innipejj;',  into  the  north-west  portion  of  which  it 
empties.  In  the  north-east  part  of  this  lake  the  Nelson  Ri\ei" 
takes  its  rise;  and,  after  a  course  of  350  miles,  it  enters  Hud- 
son Bay.  This  river  is,  by  many  <j;eo<.naphers,  considered  an 
extension  of  the  Saskatchewan.  Ln^lish  explorers  bestovs  ed 
th.e  name  of    the    hero   of   Trafal^^ar  upon    the    river;  but  its 


source 


as  a   less   romantic   name 


W 


nnip 


e<r  SI 


Hnif\ 


mo-,  in 


AlgoiKjuin, ''dirty  water."  The  nKMintains  altniLC  the  Sas- 
katchewan are  heavilv  timbered.  Coal  and  iron  have  been 
discovered  upon  both  branches.  The  area  of  the  entire 
basin  is  240,000  scpiaie  miles,  larger  !h:in  the  states  of 
California  and  Minnesota  combined.  In  the  \ear  1876  an 
American  of  some  })retentions  wrote  of  thisxalley:  "The 
basins  of  both  branches  are  jjfenerally  too  wild  and  moun- 
tainous. .111(1    the  climate  too  riirorous  to  admit  of  much  culti- 


\  ation, 


()n( 


e  can  not   read    such  words  now,  and  sunnress  a  smile 


ppi 


ul- 


The  valley  of  the  main  riser  presents  an  excellent  a<;ric 
tiirai  and  j;ra/.in«^  district.  The  Saskatchewan  is  <i^enerally 
frozen  from  the  mitldle  of  November  till  the  middle  of  April. 
During  the  greater  part  of  the  year,  however,  it  is  navigable 


77//;  xoirru-  \vi:st. 


18 


I 


for  -tcaniboats;  and  is  destined   to  lie  the   "^reat  natural  thor- 
ou<'hfare  of  commerce  in  the  North- West. 

.Vs  the  Saskatchewan  is  to  he  the  greatest  natural,  so  is  the 
Canadian  Paciilc  railroad  to  he  the  L,Meatest  ai tificial  hij^hway 
of  this  countiv.  This  company  \\  as  incorporated  l\-l)ruary 
17,  iSSi,  with  an  authorized  capital  of  $100,000,000.  'i'he 
charter  conferred,  amon<^st  other  powers,  the  ri<rht  of  con- 
structin<5and  operating  telejj^raphic  lines;  tlie  ri<^ht  of  huildin-^ 
branch  roads  alono  the  entire  len<^th  of  the  niain  line;  and  of 
establishing  steamship  lines  at  its  termini.  The  company 
was  subsidized,  b\'  the  Dominion  (jovernmenl.  in  the  sum  of 
v$ 2 5;00(.),ooo  togelhei"  with  a  donation  of  25,000,000  acres  of 
lantl.  The  government,  having  previously  gone  into  the 
railroad  business,  had  constructetl  713  miles  of  road,  at  a  cost 
of  $35,000,000,  which  it  transferred  to  the  company,  free  <>f 
ct)st.  At  the  session  of  the  Dominion  I'arliament  foi-  i'SS,|, 
the  administration  then  in  ])o\ver,  under  the  Right  Honour- 
able Sir  John  A.  Macdonald,  as  premier,  stood  |)ledged  l)efore 
their  constituencies  for  an  earlv  construction  of  tlic  road. 
The  lailroad  company  was  upon  the  ragged  edge  of  bank- 
ruptcy. They  could  raise  money  neither  in  Wall  Street  noi- 
London,  upon  the  company's  bonds.  If  they  failed  in  the 
construction  of  the  road,  defeat  threatened  the  government. 
In  this  dilemma  the  \'an  Bnren  of  Canadian  j^olitics  was 
e([ual  to  the  emergencs*.  lie  resorted  to  what  politicians 
call  "  log-rolling."  His  party,  under  !iis  leadership,  subsi- 
dized local  roads,  and  resorted  to  "ever\  wile  that's  justi- 
fied by  honoin"," — and  some  which  casuists  miglit  ([uestion, — 
until  they  secured  the  grant  of  $30,000,000,  taking  as  security 
a  mortgage  upon  the  road  froin  Calendar  (  near  the  source  of 
the  Matawiii  River)  westwaril.  The  opposition  character- 
ized the  security  as  absolutely  worthless,  because  the  first  one 
thousand  miles  of  the  mortgaged  track  passeil  through,  an 
unproductive  country.  Considering  all  tilings,  the  estal)lish- 
ment  of  this  great  highway  was  cheaph'  purchased.      What- 


i 


'-'  I 


il 


P 


'4 


>," 


14 


77//;  nL(u>i)  OF  m\i:l. 


e\ei-  faults  he  may  ha\('(aiul  faults  he  has  in  pi'ofiision  ),  the 
name  of  Sir  I.)hu  A.  Macdouakl  is  forex  cr  linked  with  the 
consuinmation  nf  this  enterprise. 

In  1S85  tiie  capital  stock  of  the  road  was  reduced  to 
$65,000,000.  Upon  this  amount  the  <i;overnment  has  ij^uar- 
antced  a  minimum  dividend  of  three  percent.  1)\' the  yeai-  for 
ten  yeai's  from  Au<;ust,  188:;,  the  company  placin<>^  collateral 
in  the  hands  of  the  government,  which  at  four  per  cent,  in- 
terest, pro\  ides  for  this.  The  Canadian  I'acitic  extends  from 
Montreal  2,609  miles  to  New  Westminster,  in  British  Co- 
lumbia. It  must  he  confessed  (however  reluctantly  by  us 
Americans),  that  the  route  by  the  Canadian  Pacific  Railioad 
has  some  advantages  in  its  favour,  as  against  the  Union  Pa- 
cific and  Central  Pacific,  by  Omaha  and  ()gdeii,to  San  Fran- 
cisco. What  these  advantages  are  it  is  foreign  to  the  purjjose 
to  enumerate.  Hut  the  establishment  of  a  branch  road  from 
the  main  line  of  the  Canadian  Pacific  to  the  nioutii  of  the 
Nelson  River,  and  a  line  of  ocean  steamers  from  thence  to 
Li\  erpool,  would  be  almost  the  creation  of  a  Xew  World  in 
the  North- West.  What  the  Canadian  Pacific  has  already 
achieved  for  this  country  there  is  not  sjiace  to  write-of.  It 
would  be  the  oft-repeated  story  of  towns  sj^ringing  up,  like 
the  Iv\-  of  Jonas;  of  town-sites  playing  the  role  of  Aladdin's. 
Lamp;  and,  last,  but  not  least,  the  sturdy  tiller  of  the  soil — 
the  man  who  comes  to  sta\' — followin<j  in  the  wake  of  the 
speculator. 

The  Third  Napoleon  spoke  of  what  he  called  "  the  logic 
of  events."  One  fond  of  studying  this  kind  of  logic  might 
trace  a  visible  connection  between  the  history  of  the  Oregon 
question,  and  the  building  of  the  Canadian  Pacific  Railroad. 
By  the  treaty  of  18 18,  between  Great  Britain  and  the  United 
States,  the  parallel  of  49'''  north  was  established  as  the  bound- 
ary line  between  the  States  and  British  America,  East  of  the 
Rocky  Mountains,  as  far  as  the  Lake  or  the  Woods;  and  a 
compixjinise  was  effected   as  to  the  Pacific  slope,  leaving  it 


77//;  .\()irrji-\vi:sT. 


open  to  the  subjects  of  both  the  iciibn  and  the  republic,  con- 
stituting it  a  kind  of  ]iolitical  No-Man's-LMnd.  The  march 
of  civilization  forced  'the  question  of  its  ownership  upon  the 


n 


(bploniates  and  statesmen  of  both  nations,  (ircat  IJritai 
hinited  her  claim  i\v  the  parallel  of  .\r'\  and  the  demaj^ocjues 
of  the  Clay  and  Polk  cainpait^n  pushed  the  American  claim 
to  the  extravaji^ant  and  ima<^inary  l)oundary  of  ^j'''  p)'. 
•'•  Fiftv-four  forty  or  li^^ht  "  was  made  the  sloi^an  ni  the 
democrats,  who  were  led  to  \ictory  l)y  Polk  aiul  Dallas. 
President  Polk,  in  his  inauL^ural  ad<ircss,  sj^oke  of  the  Amer- 


ican c 


laim 


as 


i( 


cl( 


ear  and   imcjuestionable. 


II, 


id   this   claim 


been  successfully  asserted,  as  it  was  souo^ht  to  be,  (ireat  Prit- 
ain  wcnilil  have  had  no  coast-line  in  this  recjion  ;  and  tlie  Ca- 
nadian Pacific  Railroad  would  ne\or  have  been  Iniilt,  as  the 
cause  for  its  building  would  not  ha\e  existed;  and  theXorili- 
West  woidd  never  have  been  blessed  with  this  great  civilizer, 
the  source  of  nearly  all  its  jirosperity. 

In  the  portion  of  country  last  dcfineil  there  are  three  entire 
political  divisions,  and  parts  of  two  others.  The  })rovince 
of  Manitoba  lies  wholly  within  this  tract.  Manitoba  has  an 
aiea  of  about  125,000  -riuare  miles,  being  nearly  the  si/.e  of 
the  states  of  Minnesota  and  Wisconsin  combined.  Manitoba 
is  bounded  on  the  South  by  the  Unitetl  States  (Minnesota  and 
Dakota),  on  the  West  by  Assinniboia  and  vSaskatchewan,  on 
the  North  by  Saskatchewan  ami  Keewatin,  and  on  the  I'^ast  by 
Keevvatin.  Manitoba  is  (this  is  said  reverently  )  the  Piomisi'd 
Land  of  the  North-West.  Though  neither  literally,  nor,  per- 
haps, figuratively  a  "  land  flowing  with  milk  and  honev,'"  it  is 
a  land  blessed  with  a  fertile  soil,  a  dry  and  healthy  climate,  and 
an  intelligent  and  enterprisiuL;"  ])0|)idace.  This  province  he- 
longs  to  the  Dominion  of  Canada;  and  is  lepresented  in  the 
House  of  Commons,  at  Ottawa,  by  six  members.  Manitoba, 
along  with  the  remainder  of  the  Dominion,  cnjo\  s  a  govern- 
ment in  form  n.ionai'chial,  but  in  fact  republican.  We  of  the 
States  have  been  so  much  impressed  by  the  froth  and  the 


I 


J 


■  M 


Itj 


////•;  liijiui)  OF  mii:l. 


1 1 


spreatl-ca^luisni  of  the  avcr;i!j;e  Foiii  tli-of- July  orator,  that  \vc 
ha\  c  ahnost  conic  to  think  that  there  is  no  lil>eitv  oiit<iitle  of 
the  United  States.  Tliis  is  a  j^neat  mistake.  Tiie  Hbeity  we 
now  enjoy  is  very  httlc  of  it  distinctively  American.  It  may, 
rather,  be  called  Anjjflo-Saxon,  the  common  property  of  I^ng- 

any    of    the    stereotyped 


lishrnen    an( 
)f 


1    A 


mencans. 


es. 


m 


axioms  of  our  law,  and  some  of  t)ur  constitutional  enactments 
are  almost  literal  translations  of  Mai^i/a  CItarta. 

In  Manitoba  suffraj^e  is  w  ell-ni<4h  uni\  ersal.  The  assertion 
is  ventured,  that  a  j^erson  movinf^j  across  the  line  from  Min- 
nesota to  Manitoba,  woukl  not  experience  a  j)erce[)tiblc 
abridj^ement  of  his  political  ri<,nits,  after  he  had  resided  there 
tlie  requisite  period;  and  had  taken  the  oath  of  allegiance. 

It  may  be  said,  that  the  whole  British  F^^mpire  is  taxed  to 
kee{)  uj)  a  faniilv  of  do-nothings,  who,  sa\e  for  their  em])ty 
rank,  would  not  attract  the  attention  of  their  next-door  neigh- 
bours. The  first  part  of  this  proposition  is  hardly  true;  the 
second  mav  be  correct;  and  vet  will  not  the  louir  Hue  of  Eitj:- 
laud's  monarchs,  from  William  1,  to  Victoria,  compare  fa- 
vourably with  owx  list  of  picsidentsr  Is  not  the  percentage  of 
greatness  as  large  in  the  one,  as  in  the  other?  Then,  too, 
does  royalty  cost  more  than  our  quadrennial  presidential  elec- 
tions? It:  is  not  meant  to. convey  the  idea,  that  the  writer  of 
this  volume  is  a  monarchist.  But  he  bases  iiis  belief  of  rc- 
pul)licanism  on  other  grounds  than  those  mentioned. 

The  city*  of  Winnipeg,  the  capitjd  of  Manitoba,  is  located 
upon  the  Red  River  of  the  North.  This  river  takes  its  rise 
in  the  United  States,  and  empties  into  Lake  Winnipeg.  The 
city  is  situated  at  the  junction  of  the  Assinniboine  with  Red 
River.  Its  site  is  upon  a  perfectly  level  plain,  l)etvveen  600 
and  700  feet  above  the  level  of  the  sea.  It  is  hard  to  place 
the  population  of  a  western  town,  on  account  of  its  continued 
tendency  to  outstrip  itself.  But  that  of  Winnipeg  may  l)e 
placed  at  the  approximate  figures  of  20,000.  The  city  has  a 
system  of  horse-cars  j  and  is  lighted  with  electricity.     In  com- 


Till-:  N()iiTH-\v]:sT. 


mcrclal  importance  Winnipcjj^  is  ranked  as  the  lifth  city  of 
the  Dominion.  W'innipej^  lias  steamboat  connections,  by  way 
of  tiic  Red  liiver  of  the  \ortli  and  Lake  \\'innii)e}^,  witii 
the  nioutii  of  tlie  Saskatchewan,  which  is  na\  i<^able  for  steam- 
l)oats  for  hun(h'eds  of  miles  of  its  course.  The  AssinniWoine 
is  navii^able  by  steamboats  for  about  300  miles  West  from 
\\  iunipejj^;  but  the  Canadian  Pacific  Railroad  has  rendered 
navigation  in  this  direction  in  less  demand. 

To  speak  further  upon  the  numerous  attractions  of  tliis 
lii\elv  province  would  be  too  great  a  departure  from  the  pur- 
pose of  this  \olume. 

Within  the  extent  of  territory  last  defined,  and  to  the  West, 
North  and  North- West  of  the  jorov  ince  of  Manitoba,  lie  the 
four  new  districts  of  Athabasca,  Alberta,  Saskatchewan  and 
Assinniboia.  These  districts  were  erected  out  of  the  Xorth- 
West  Territories,  by  an  order  in  Council,  for  sundry  purposes, 
more  particularly  postal  facilities. 

The  disti'ict  of  Assinnil)oia  is  about  95,000  s([uare  miles  in 
extent,  stretching  through  three  degrees  of  latitude,  and  neai- 
ly  ten  degrees  of  longtitude,  and  is  bounded  as  follows:  On 
tlie  South  bv  the  international  boundary  line,  between  the 
United  vStates  and  the  Dominion  of  Canada,  being  the  49th 
}):u;illcl  of  latitude;''on  the  b^astby  meriilian  loiji,  being  the 
western  boundary  line  of  A'lanitoba;  on  the  North  by  the  9th 
correction  line  of  the  Dominicai  surx'cy,  the  southern  bound- 
ary of  Saskatchewan,  nearly  identical  with  the  x^ik\  parallel; 
on  the  W\*st  by  the  eastern  boundary  of  Alberta,  at  antl  along 
the  I  ir  1-5  tneridian.  The  name  of  this  territory  is  of  Inilian 
origin.  All  of  this  district  lying  east  of  the  104th  parallel  is 
included,  together  with  a  portion  of  Manitoba,  in  a  vast  pla- 
teau, comparable  in  extent  to  one  of  the  steppes  of  Russia. 
Tliis  great  table-land  has  a  mean  altitude  of  1,600  fe";t,  and  a 
width  of  250  miles  on  the  international  boundary  line.  Its 
area  is  about  105,000  square  miles.  The  district  is  traversed, 
from  East  to  West,  by  the  Canadian  Pacific  Railway.     Along 


I  < 

w 

■i  J 


1. 


li 


TJU:  liLnoh  or  Ml  El. 


I  I 


the  line  of  the  rotid  are  Lu-Mled  the  f;iiii<)iis  Hell  farm,  and  tlie 
settlement  of  cioifters  fiDin  the  (iorden-Cathcait  estate, 
know  II  throiijrhoiit  the  vvorKl  as  the  Henbecuhi  colony.  In 
this  district  is  situated  the  town  of  Ke^ina,  capital  of  the 
North-West  Terriloi-ies.  .V  little  to  the  north  of  Retjina  lies 
Lon'^  Lake.  The  north-western  [)ortion  of  the  district  is 
traversed  by  the  south  fork  of  the  )^askatche\van  Kixei  ;  the 
eastern  portion  hv  the  QuWpelle  and  .Vssinnihoine. 

The  tlistrict  of  Saskatchewan  extends  throuj^h  three  decrees 
of  latitude  aiid  ten  of  lonj^itude,  and  contains  about  i  i  |,(>oo 
scjuare  miles.  It  is  houiuled  on  the  Scjuth  by  Assinniboia  and 
Manitoba;  on  the  East  by  Manitoba,  Lake  Winnipeg-  and  the 
Nelson  river;  on  tlic  Norlli  bv  the  i8th  correction  line  of  the 
dominion  land-survev  into  townships,  near  the  5=5th  parallel; 
and  on  the  West  by  the  line  of  that  sur\ev  dividinj^  the  foth 
and  1  ith  ranges  of  townsiiips,  west  of  ihe  fourth  initial  me- 
ridian, at  and  along  the  i  i  i  1-5  meridian,  the  same  being  the 
eastern  l)omidary  of  Alberta.  This  district  is  traversed  by 
the  Saskatchewan  River,  from  which  its  name  is  ileriveil.  It 
i~  sjiarsely  settled,  but  is  a  countrv  of  immei.se  resources.  It 
contains  the  settlements  of  Piince  Albert  and  Battleford-  - 
the  former  located  ujion  the  left  bank  of  tlie  north  fork  of 
the  Saskatchewan  about  25  miles  from  its  union  with  the 
south  branch;  the  latter  upon  the  light  bank  of  the  same 
fork  about  150  miles  higher  up  the  stream,  at  the  junction  with 
its  tributary,  the  Battle  River.  Each  of  these  jilaces  is  a  sta- 
tion of  the  mounted  police,  so-called.  Between  these  two 
stations,  a  little  nearei"  to  the  former  than  to  the  latter,  is  a 
bend  in  the  river,  called  the  elbow.  L^pon  the  right  l)ank  of 
the  north  branch  of  the  Saskatchewan,  about  48  miles  from 
its  union  with  its  fellow  are  the  town  and  fort  of  Carlton.  A 
line  drawn  nearly  due  South  from  hence,  fourteen  miles  to 
the  south  fork,  would  intersect  Batoche,  a  village,  the  nucleus 


o 


f  a  half-bi-eed  settlement.     About  half-way  betwixP  these 
two  places,  seven  miles  from  either,  is  Duck  Lake.    A  proper 


77//;  MUn  II-  W'llST. 


1!» 


uii<lcrhtaiulin;,f  of  what  i^  to  follow  dfinaiuls,  that  the  ^i;o<^ra- 
phv  of  this  rc';^i(Mi  be  minutely  jjivcii;  hut  further  details  will 
he  ;^i\eii  in  the  relation  of  events  connected  therewith. 

The  district  of  Alberta  extends  from  the  International 
boundary  line,  throujjjh  six  de<;iecs  of  latitude,  to  the  55th 
parallel.  It  is  bounded  at  the  .South  by  the  United  States; 
on  the  Ivist  by  Assinniboia  and  Saskatchewan;  on  the  North 
by  the  i.Slh  correction  line,  before  mentioneil;  on  the  \V''est 
by  British  Columbia.  This  dt«»rict  is  a  namesake  of  the  late 
Prince  Consort.  As  Manitoba  is  destined  to  ri\  al,  and,  per- 
haps, exceed  Russia  as  a  wheat-producinjjf  coimtry,  so  is 
All>erta  fated  to  outstrip  Switzerland  as  a  dairy-lan<l.  IJotb 
forks  of  the  Saskatcbew  an  take  their  rise  in  this  district.  The 
Canadian  Pacific  Railroad  crosses  it  in  the  southern  portion. 

The  district  of  Athabasca  lies  north  of  Alberta,  wliich  forms 
its  southern  lioundary.  It  is  bounded  on  the  I-^ast  by  tin; 
meridian  that  forms  the  eastern  boundary  of  All)erta  and  the 
Athabasca  and  Sla\e  rivers;  on  the  \ortli  by  the  32nd  cor- 
rection lini',  near  the  60th  parallel;  and  on  the  West  by  Brit- 
ish Colimibia,  meridian  120,  Athabasca  si<rnit]es,  in  the  In- 
dian toncjue,  "swampy."  This  is  no  misnomer.  The  famous 
Peace  River  traverses  this  district.  Like  Saskatchewan,  this 
tlistrict  is  a  country  of  a  thin  population,  but  imniense  re- 
sources. 

In  the  year  18S5  the  North-West  I'erritories,  which  in- 
cluded the  four  districts  enumerated,  w  ere  under  the  <^overn- 
ment  of  a  Lieutenant-Governor  and  Council.  This  Lieutenant- 

s 

Governor  received  his  appointment  fic^m,  and  bv  autliority 
of  the  Governor-General  (of  the  Dominion)  in  council.  His 
commission  was  issued  under  the  Great  vSeal  of  Canada;  and 
he  held  his  office  during  the  pleasure  of  the  Governor-Gen- 
eral— which  meant  the  pleasure  of  the  administration  in 
power.  He  administered  his  <^overnment  under  instructions 
given  him  by  order  in  council;  or  by  the  .Secretary  of  .State, 
In   case  of    absence,  illness,  or  other  inability  of  the    Lieu- 


mA 


m 


1; 


////.  Ill.nnh  or  Mil: I. 


w 


ll  t 


teiKintCiovcnior.  the  C»<>vcrtu>i-(iencr;il  wits  empowered  to 
appoint  .111  lulininistrator  (  so-called  )  to  execute  the  fiinclioiis 
of  the  ollite. 

The  Lieiiteiiaiit-(  iovui  iioi's  auxiliary   coiuicil   eoiisisteil   of 
several  |)ers()ii.s,  not  exeeedin<j^  the  nuniher  of  six,  in  the  ^^•^t 


uisiance,  ot  wlneli  coinicil    the  stipen(hary    \w 


I    Ih 


(h 


atristrates,  for 


the  North- West  Ti-rritories,  liereiuafter  mentioned, were  niem- 
liers,  each  one  hv  \irtne  of  his  ollice :  a\\*\  eacli  member  of 
such  council,  whether  a  stipeiuHary  or  (otherwise,  received  his 
aiipointment  hy  s\arrant,  under  seal,  from  the  (iovcrnor- 
(ieneral,  with  the  advice  ui  the  (Queen's  I'rivv  Council  for 
Canada.     'IMie    (ioveinor,  also,  a)5!)ointed  a  clerk    for  such 


council 


A 


s  soon  as 


the  [ 


ieutcnant-Gn\  ernor  was  satisfied,  that  an\' 


district  or  portion  of  the  North-West  'l\Mritories,not  e\ceedin<i: 


an  area  oi  one  tiiousand  square  miles,  contained  a  population 
of  not  less  than  one  thousand  inhabitants  of  adult  aije,  exclu- 
si\  I-  of  aliens  and  unenfranchised  Indians,  he  was  required  to 
erect  that  portion  into  an  electoral  district,  desi>^natin^  1)\ 
]Hc)clamation    its    name   and   boundaries.      Such    district    was 


thi 


ereafter   entitled  to  elect  a  memlier  o 


f  th 


e  council 


A  person  tu  be  a  qualilied  elector,  to  vote  for  a  member  of 
the  council,  must  be  a  male  resident  in  <^ood  faith,  and  a 
house-holder  of  atUilt  ai^e,  within  tiie  electoral  district;  and 
must  have  resided  in  such  electoral  district  for  twelve  months 
consecutively  just  prior  to  the  issuance  of  the  writ  of  election. 
^\ liens  and   unenfranchised    Indians   were  excepted   from  the 


ititled 


above  provisions,  by  special   mention.     Any  person  e 
to  vote  mioht  be  a  member  of  the  council. 

When  the  number  of  elected  members  amounted  to  twen- 
ty-one, the  council  was  to  cease  and  determine;  and  such 
members  thereafter  were  to  constituie  a  legislative  assembly. 

The  Lieutenant-Governor  and  council  were  authorized 
under  certain  restrictions,  to  pass  ordinances  for  the  gover 


n- 


m 


cut  of   the    North-West  -Territories.     They  were  further 


'/•///;  soiri  II  w  i:sr. 


-M 


empowered  to  locate  the  ca]iital  t>f  the  Ni>rth-\\'e>t  Terri- 
tf)I•ie^,  ami  to  chanj^e  its  location,  in  flieir  tlescretion. 

The  LieuteiiaiU-Ciowi  nor  received  a  vcarlv  stipeM<l  <>f 
$7,(KX),  which  was  puid  f)ut  of  the  revenue  fund  of   C.'anaila. 

The  (Jo\ei*nor  (of  the  Dominion)  mij^ht  from  time  to 
time,  hv  commission  under  the  (Jrcat  Seal,  appoint  one  oi 
more  lit  and  proper  persons  (not  e\ceedin«^  three)  l)anisters- 
at-law,  or  advocates  of  live-years'  st.mdiu'^,  in  am  of  the 
pro\inces,  to  he  and  act  a^  stipendiary  ma<^istrates  within 
tiie  Xortii-W'est  Territories,  who  should  hold  ollke  during- 
pleasure,  and  who  shoidd  leside  at  sucii  place  or  places  a^ 
mij^ht,  fiom  time  to  time,  he  ordered  l)y  the  (Jo\ernorin 
council.      A  stipendiary    ma;j^istrate,  as  the  name  imports,  is  a 


ma<,dstrate  w 


ho   receives  a  sti 


pend,  or  pecumai y   compensa- 


tion, for  his  official  services.  He  is  so  tlesi<^nated,  in  contra- 
distinction of  a  justice  of  the  peace,  wlio  receives  no  pay  what- 
e\er.  In  the  Xorth-West  Territories  the  salary  of  a  stipendiary 
magistrate  was  lisechhy  law,  not  to  exceed  the  sum  of  Jfi^^^ooo, 


Two  of  the  the 


n   mcum 


hents  were  the   llonourahle   Ilu^-h 


K  ichurdson,  who  resided  and  still  resides  at  Rei^'ina,  ^Vssinni- 
hoia;  and  llonourahle  Cliarles  Rouleau,  who  lived  at  iJattle- 
ford,  now  domiciled  at  Calvary.  .Alberta.  '  Hotli  of  these 
"j^entlemen  are  law\ers  of  learniuir  and  Lfood  standiii'r,  as 
well  as  (i;entlemen  of  reco^^ni/ed  aV>ility  and  lefmcd  culture. 
Each  stipendiary  ma<ijistrate  had  the  maj^isterial  anti  other 
functions  ajjpertainin^-  to  a  justice  of  the  ])eace,  or  am  two 
justices  of  the  peace,  under  any  law  s  and  ordinances  wdiich 
mijjjht,  from  time  to  time,  he  in  force  in  the  Xorth-West 
Territories;  they,  also,  had  power  to  hear  and  determine  an\' 


diari 


fc  against  any  person 


for 


an\'  crimina 


1  off 


ense,  allesict 


lU 


d 


to  have  heen  committed  in  the  Xorth-West  Territories,  or  in 
any  territory  eastward  of  the  Rocky  iMountains  wherein  the 
boundary  between  the  provinces  of  liritish  Columl)ia  and  the 
Xorth-West  "^^Ferritories  liad  not  been  otHcialU'  ascertained,  as 
follows: 


II 


■A 


t  'i 


v: 


bp 


1 


rill-:  iu.ni>i>  <tr  .t/i/:/. 


]  \ 


I.  Ill  ciises  of  loiiiniissioii  oi  iitlrmpt  to  commit  liircfiiv, 
i'ml)c'//Ie!iicnt,  <>r  ()l)t;iiii  moiic)-  or  property  l\v  false  pre- 
tenses, oi  feloniously  receiving  stolen  property,  in  any  case 
where  the  \  alue  does  not,  in  the  opinion  of  the  magistrate, 
exceed  two  lumdred  dollais. 


Ci 


ises  of  aggravated  im< 


I  mal 


iiioiis  assault. 


3.    Assaults  upon    females  (  except  with   intent   fo  commit 
a  I  ape),  and  upon  males  under  fourteen  years  of  age. 


'I- 


I' 


scape,  or  assiiult  on  magistrates. 


sum- 


ma 


In  all  the  cases  al)o\e  named  the  charge  was  tried  in  a 
ry   way,  and   without   the   intervention  of  a  juiv.      In  all 


other  criminal  cases  the  stipendiary  magistrate  and  a  justice 
of  the  peace,  vv it h  the  intervention  of  a  jury  of  six,  might  ti\' 
any  charge,  a'^'ainst  any  jierson  or  persons,  for  anv  crime. 

,\  person  i()u\  icled  of  any  offense  |)imish;d)le  with  death 
mii;ht  appeal  to  ihc  Court  of  C^ueen's  Ui-nch  of  Manitoha, 
\\  hich  li.ul  jurisdiction  to  confirm  the  conviction  or  order  a 
newliial.  The  pi  ocedure  upon  suih  appeal  was  regulated 
Iiy  thi'  ordiiiaiK  I'  of  the  Lieutenant-(  io\  ernor  in  council. 

The  (|uesfion  of  whether  /  not  the  common-law  liglit  of 
a  defendant  a^  to  henig  tried  onlv  u])on  tlie  presentnu'Ut  of  a 
grand  jury,  or  coroner's  infjuesi.  in  a  criminal  pio-.ecuii(»n, 
existed  in  llu  \orth-\\'csi  Territories  was  formerlv  a  mooted 
cpiestion  amongst  lawyers,  jJut  it  was,  in  that  historic  year, 
forever  put  at  rest.  The  (Queen's  Hcnch  of  Manitoha,  in  an 
opinion  full  of  that  specious  an.d  plausihle  reasonmg,  w  Inch 
intoxicates  the  understanding,  an<l  seduces  the  judgnicr.t, 
have  decided  in  fa\'our  of  the  negative.  The  decision  in  (^ueen 
against     Comior,    decided    at    ICastei      Term,     1S83,    though 


colon 


rahl 


e  reasoning",  is 


had  1; 


ivv 


The   naturalization    laws   are    particular\'   liheral. 


Tlnee 


I  the  oath  of  allegiance,  i^ 


years  of  consecutive  residence,  ant 

all   that  is  required.      Xo  ahjwration   is  demanded,  as  with  us, 

and  this  last  is  a  useless  retlnement  of  harharisin. 

In  hecomins:  a  I^ritish  citi/en,  the  tlenizen  has  one  thiiiir  to 


////;  \n/rr//-\\/:s'r.  j;i 

console  him :  lie  Ikis  sujiii  alliL,'i;mcc  to  iin  ciDpirr  that  is 
historicjil  in  defense  of  hci  citizens  in  fori'i<;ii  lanils.  If  she 
has  inurdcri'il  sepoys,  ami  oppressed  /nln-.,  let  her  pli'ad 
j^nilty  lieft)re  the  (iieat  Tiihunal  i»f  iiiankiiul,  or  stand  her 
trial.  Hill,  if  she  has  maltreated  hei  own  suhjeets,  she  has 
not  allovNed  others  to  do  so.  In  this  tespect  sju-  is  the  peiress 
of  any  nation  since  the  days  of  ancient  Rome. 

The  law  in  rej^ard  to  the  property  ri«^hls  of  married  wom- 
en is,  perhaps,  mori'  liheral  than  that  of  any  state  in  the 
American  I'nion.  An  analysis  of  its  provisions,  lu>we\er, 
would  he  forei<j;n  t<t  tiu'  purpose  of  this  xolume. 

The  system  of  land  surveys  and  entries  is  similar  to  tliat  in 
force  ill  the  western  states.  The  piil)lii'  iaiid'^  are  open  to 
entry  under  homestead,  pre-i-mptioii  and  timi.er-culture  laws. 
'V\\v  land  is  survcNctl  into  sections  and  lowiiships.  So  t'\.ict 
has  been  the  survcN',  that  the  snr\ey<»is  ha\e  <^one  omt  the 
work  twici'  with  ch  lins  of  different  lenLjths;  aii<l  the  iiti'^tli 
of  north  and  south  lownsliip  houndaries  has  lui-ii  made  lo 
confoim  to  the  circumfriiMt\  of  the  eartii. 

The  inhahitants  of  this  region  are  made-up  troin  three  L^eii- 
eral  classes— whites,  Indians  and  half-hreeih.  1  think  it  wa-« 
Doctor  Strauss  who  i-ompared  the  American  Nation,  with  its 
ceaseless  tide  of  immij^rants,  to  a  seething  smellin^-poi,  into 
which  are  constantly  thrown  new  and  crude  materials  wliiih 
keep  up  the  lKtero<^eneousness  of  the  intiie  mass.  The 
-imiii'  would  not  lie  out  of  phice  here. 

The  whites  of  Ihe  \ortl',-\\  e'«l  are  made-n|)of  I'-U'^lishmeii, 
Scotclmien.  Irishmen,  WeKhmeii.  Orcadian-,  I'rcnehmen, 
Icelanders,  Canucks;  and,  indeed,  (with  scaieely  a  In  per- 
bole)  of  ever\'  kindred  aiul  tongue  under  llea\en.  Their 
number  is  unceilain.  An  author  who  attempts  to  Ljive  the 
poi)ulation  of  a  western  territory  is  in  danji^er  of  l)ein<j^ 
laujjjhed-at ;  and  heino-  informed,  in  tiie  \ernacularof  the  day, 
that  he  is  "behind  the  times." 

The  Indians  of  Manitoba  and  the  North-West  Territories 


ri  j 


III 


r    ! 


ili 


m 


rill':  BLOOD  OF  MIF.L. 


number  about  34,000.  Most,  if  not  all  of  these,  belonj^  to 
the  AlgoiKjuiii  family.  They  are  (li\  itied  into  about  twenty 
different  tribes  and  parts  of  tribes.  A  detailed  account  of 
these  would  be  too  nucb  of  a  di<^ression.  The  IJlackfeet,  or 
IJlood  Indians,  an  1  the  Crees  are,  perhaps,  the  most  impor- 
tant. . 

The  Blackfeet  are  the  most  westcrlv  tril)e  of  the  Algfon- 
quill  family.  They  have  a  dialect  which  differs  almost  radi- 
cally from  that  of  the  other  tril)es  of  the  same  family.  Thoir 
original  home  was  the  valley  of  the  Saskatchewan.  Intes- 
tine feuds  caused  a  separation  betw(;en  the  Satiska,  or  I>lack- 
feet  proper,  anil  the  Kenna  or  Blood  Indians.  The  former 
retired  to  the  valley  of  the  Alissouri.  Here  thev  were 
dubbed  "  Blackfeet,"  by  their  new-found  enemies,  tlie  C'low 
Indians.  They  are,  by  a  second  secession,  now  divided  into 
three  bands.  These  Indians  are  great  horse-thieves.  Thev 
are,  or  at  least  were,  originally,  Nvorshipers  of  the  sun;  and, 
like  the  Parsees  of  Persia  and  India,  who  worship  the  same 
deity,  they  ne\er  bury  their  dead.  Their  number  within  the 
British  lines  is  estimated  at  6,000;  but  thi^  is  a  little  uncer- 
tain. 

Of  the  Crees  and  other  tribes,  more  will  be  said  hereafter. 

The  term  half-breed,  as  used  in  the  North- West,  is  applied 
generally  to  all  inhabitants  of  a  mixed  origin,  and  ])articularly 
to  those  of  a  mixetl  Indian  and  Caucasian  descent.  At  the  date 
of  the  formation  of  the  territories  they  contained  the  represent- 
atives of  fourteen  civilized  nations,  and  twenty-two  Indian 
tribes.  Marriages  (mostly  of  a  morganatic  nature  j  uere  con- 
tracted between  the  civilized  men  and  the  savaije  women. 
The  amalgamation  of  the  antediluvian  days  was  repeated. 
The  son^  of  Gocl  seeing  the  daughters  of  men,  that  they  were 
fair,  took  to  themse''.es  wives  of  all  which  they  desired.  The 
Scripture  says,  that  there  were  giaiUs  in  those  days.  So,  too, 
the  half-breeds  are  a  race  of  large,  well-formed  and  power- 
ful  men.      Most  of  them   are  dark-skinned,  though  some   of 


^ 


Till':  y(  >  R  Til- 1 1 7;.s'  r.  25 

them  arc  fair.  Tlicy  arc  instinctively  travellers.  If  there  is 
atiythin<.(  in  the  science- of  phrenoloj:^y,  the  half-hreeds  of  the 
Xorth-West  must,  as  a  rule,  have  a  morhid  development  of 
the  organ  of  Locality.  Thcv  possess  many  of  the  Indian 
characteristics,  both  as  regards  instincts  and  vices.  One  of 
the  former  is  the  ability  of  steering  across  the  trackless  waste 
of  prairie  and  forest,  and  striking  an  objective  point,  without 
any  knowledge,  sa\'e  a  gener.'vl  one,  as  to  the  lay  of  the  coun- 
tvy.  They  are,  almost  exclusively,  without  education.  They 
nearly  all  sigri   their  mark.      Like  the    Indian,  they  enjoy  a 


Sfood  time,  and  are   bent 


h 


upon  navmg  one  wnenever  ine  op- 


th 


portunity  offers.     Most  of  the  half-breeds  are  descendetl  from 


either  Scotch  or   French   f;'.ther' 


The    I-'rench    half-breeds 


are,  like  their  paternal  ancesli\-,  polite  and  hospitable. 

Harriet  Heecher  Stowe  calls  the  Anglo-Saxons  the  Uouians 
of  the  nineteenth  century;  and  adds  that,  like  the  Romans,  we 

ices:  and  she  mentions,  as  ex- 


over-ride  and 


opi 


)ress  wea 


ker  r; 


ample,  the  Negro,  the  Hindoo,  and  the  Xorth  American  Indian. 
She  failed  to  mention  the  Irishman.  Perhaps*  before  this 
book  is  closed  the  reader  mav  c>)nclude  that  there  are  others 
which  might  have  been  added  to  the  list. 

For  a  long  ne,  perhaps  ever  since  the  separation  of  the 
North  American  colonies  from  (ireat  Britain,  there  ha\e 
existed  two  parties  in  the  L'nited  States.  This  is  not  in- 
tended to  apply  to  politics  alone.  In  literature,  eticpiette, 
social  life,  phiiosojih\',  and  even  theology,  there  ha\e  been 
the  two  extremes;  On  the  die  hand  have  been  the  people 
affected  with  Anglo-mania;  on  the  other,  those  suffering  from 
Anglo-phobia.  Of  course,  all  are  not  affected  e([ually  willi 
the  one  or  the  other  of  these  diseases.     Th 


ere  are  (lc<ri"ecs 


in  this,  as  in  nearly  e\erything  else.  The  first  extreme  is  rep- 
resented by  Dorman  H.  Eaton;  the  second  is  (or,  rather,  was 
before  reason  was  dethroned)  represented  b}-  (Jcorge  Francis 
Train.  The  first  tries  to  reproduce  England  ia  giant  minia- 
ture, if  that  is  not  a  contradiction  of  terms;   the  second  burns 


^^f^ 

1    '•   < 

■^  ;:j|| 

n 


n 


i';i 


,1  I 

n 


11 


i  « 


-K 


i 


l| 


L'G 


Tifi-:  HLoon  or  Aiii:L. 


ii 


I  t 


I 


everythinjy  "from  Eivjfland  but  her  coal."  The  one  is  a 
mimetic  ape;  the  other  a  ravinj^  mad-man.  There  is,  between 
I  he  two,  a  golden  mean.  ' 

It  is  this  mean  we  shall  emleavour  to  strike  in  speaking  of 
I'^nglaiKPs  colonial  possessions.  In  the  extent  of  these  Eng- 
land resembles  Rome  more  than  in  any  other  respect.  The 
slndy  of  the  two  systems,  and  a  j)arallelism  drawn  between 
th*.'  two,  might  furnish  work  foi*  a  life-time,  and  a  comparison 
between  them  is  a  striking  illustration  of  the  siiperiorit\  of 
Christian  over  ])agan  ci\ili/,ati()n. 

It  is  haril  to  lind,e\en  in  the  ^Vutocrat  of  All  the  Russias,  a 
stronger  example  of  an  absolute  despot  than  was  the  governor 
of  an  ancient  Homan  pi-o\incc.  lie  miited  in  his  person  the 
three  [)rlmar\  elements  of  all  government — the  legislative, 
judicial  and  executive.  Tiie  Roman  citizen  onl\  possessed 
the  riglit  to  appeal  to  Cu'sar,  from  the  decision  of  the  provin- 
vrant.      The   speech   of    Honourable   William    10.  (>!ad- 


cia 


1    t 


stone,   uj)on    the    Don    I'acitico   case,   depicts   this    piixileged 
class  in  its  true  light,      Tlien   the  ilistinctif)n   between  subject 


aiul  citizen  was  even  more  marked  tnan  now 


To  1 


•»e  a  mere 


subject  of  Rt)me  meant  few  of  the  rights  of  moilern  citizen- 
ship, except  tlie  onerous  one  of  paying  taxes,  from  which  the 
citizen  was  exemj)t.  The  relative  judicial  rights  of  the  ])r<'- 
\  incial  subject  and  citizen  can  iiol  be  better  illustri^ted  th:'n  in 
the  trials  of  Christ  anil  Taul.     The  foi'mei  was  aj^i)rehended, 


twice  luiiried  irom  one  junsiliction  to  another;  summarily 
tried,  put  to  the  tort ure,  comlemned  and  executed  all  in  the 
short  space  of  twelve  hours.  On  the  other  hand,  Paui,  the 
fortunate  native  of  a  free  city,  sa\ed  his  back  from  the  tor- 
turer's lash  bv  the  talismanic  sentence:  "  I  apjjeal  imto  Casar." 
Rome  acquired  her  provinces  through  the  double  avenue  of 
concpiest  and  becpiest,  or  device  by  will.  Thus  Carthage, 
Sicilv  and  (xaul  were  conquered;  while  liythinia,  Cyrene  and 
Egypt  were  becjueathed.  After  the  accpiisition  of  any  prov- 
ince the  first  thing  which  Rome  sought  was  the  destruction 


1- 


■      Tiif:  X()irrn-\vi:sT.  -ii 

of  anythinj.if  like  political  unity.  She  weeded  otit,  with  a  jeal- 
ous haivl,  every  hnpcriiitu  in  impcrio.  The  .Vchaian  League 
was  aViolished.  Such  a  thing  as  a  provincial  senate  was  un- 
known. The  few  exceptions  which  existed  under  thecnipire 
may  be  characterized  as  mere  umbrae  parliamciitoniDi^^ — to 
paraphrase  the  expression  of  Tacitus  in  regard  t(j  one  of 
Rome's  client  princes.  Rome  treated  a  conquered  province 
exactly  as  the  late  Charles  Sumner  desired  to  treat  the  south- 
ern states  of  the  American  Union  afj.er  the  vSla\  e-holders' 
Rebellion— like  so  many  acres  of  huid,  and  so  many  millions 
of  people.  In  the  case  of  Macedonia,  disregarding  ancient 
land-marks,  i^ome  tlivided  the  pro\ince  into  four  arbitrary 
and  isolated  fractions,  forbidding  the  inhabitants  of  different 
provinces  to  intermarr\',  or  even  to  hold  landed  j)ropert\  in 
more  than  one;  of  the  four  pr<)\inccs.  It  was  tiie  usual  cus- 
tom to  give  a  province  to  a  bankrupt  i)olitical  hack,  in  order 
that  he  might  retrieve  iiis  lost  fortunes  with  rapine  and  pillage. 
Such  extravagances  as  characterized  Hastings  and  10\re,  and 
excited  the  just  condemnation  of  the  civilized  world,  wcie  the 
(lav's  doings  with  Roman  proconsuls. 

In  the  provincial  go\  ernment  of  (ireat  Britain  there  is  much, 
perhaps,  to  criticise,  but  censure  will  be  reserved  f<  tlie  nonce. 
It  is  true,  that  in  the  frontier  provinces  of  lltr  nritannic 
Majesty  the  three  functions  of  government  arc  not  well-de- 
lined.  Tiien,  too,  in  the  \orth-\Ve^t  Territoi  ies,  I)v  legis- 
lative enactment  -  oi".  rather,  b\-  judical  interpretation  there- 
of,— the  common-law  right  (if  atrial  by  twcKe  jurymen- is 
denied.  The  right  of  the  defendant  in  a  criminal  case,  to  be 
tried  only  upon  the  presentment  of  a  grand  jur\',  has  also 
been  denied  to  persons  charged  with  the  commissi(3n  of  of- 
fenses, in  these  territories  by  the  same  interpretation.  As 
has  been  stated  Ijefore,  the  right  of  a  trial  by  jury  has  been 
absolutely    dispcnsed-with,  in    certain    cases,  some   of    them 

■"'Shadows  of  r.irliaments.      L'lnhra  ra^ns,  shadow  of  a  king,  is  the  vigorous 
expression  which 'I'acitus  puts  in  the  mouth  of  Casennius  IVi  tns.--[.'/;;;/.,  .rr.,  6. 


/ 


\    « 


9  ' 


11 


>\  s 


!    1 


;y. 


28 


'/'///;  jiLooi)  OF  A  hi: I.. 


offtMises  of  a  <jjrave  character;  and  in  such  cases  the  stipendiarv 
magistrate  is  empowered  to  try  the  alleged  offender  in  a  >-uni- 
niary  maimer.  At  first  blush,  this  seems  almost  like  Oriental 
procedure;  hut  we  should  learn  not  to  jutlii^e  of  thinj^s  too 
hastily.  The  expression:  Tryino^  a  man  for  murder  before 
a  justice  of  the  peace  ami  six  jurymen,  does  sound  ridiculous, 
indeed;  and  the  idea  of  a  justice  of  the  peace  (for  the  term 
"stipendiary  ma<i^istrate "  is  unknown  to  us)  tryini^  a  po(<i- 
devil  summarih'  for  horse-stealincj:,  embe/.zlemeu;  or  felonious 
assault- is  shocking-  to  us  who  have  been  trainetl  frdin  child- 
hood to  revere  the  jury  system,  and  speak  of  it  as  the  "  pal- 
ladium of  liberty,"  "  the  birth-riji^ht  of  fieemen,"  and-so-forth. 
Vet,  as  Judjic  Taylor,  of  the  Queen's  IJeiich  of  Manitoba, 
wiselv  said : 

"  ( !f  this  argument  ai^ainst  any  change  being  made  in  rights  and  jirivileges 
secured  by  old  charters  and  statutes,  a  great  deal  too  much  may  l)e  made."* 

It  should  l)e  remembered,  that  the  stipendiary  magistrate  of 
the  North-West  Territories  is  not  the  justice  of  the  peace  with 
whom  we  are  familiar — that  is,  the  man  who  keeps  a  dog- 
eared cojiy  of  the  Revised  Staft/tes^  and  holds  court  in  the 
back  j)art  of  his  harness  sho]).  The  stipendiary  magistrate 
must  be  a  barrister-at-Iaw.  or  an  ad\ocate  of  tlve-vears' 
standing. 

But  the  jiirv  reiluced  to  six  is  sureh-  a  terribly  dangerous 
inno\ation.  Is  il  not?  IMiere  is,  in  the  minds  of  the  best  of 
men,  a  hn'king,  occult  superstition  as  regartls  certain  figures, 
'i'hree,  sexen  and  tvvehe,  and  their  multiples  are  mysterious 
inunbers.  The  labourer  in  the  hay-field  is  stung  by  a  bumble- 
bee; and  he  catches  up  three  separate  weeds  or  grasses,  and 
mbs  them  upon  the  injtired  part.  It  is  practically  almost  im- 
possible to  select  three  herbs  without  linding  one  containing 
alkali.  The  alkali  neutralizes  the  acid  from  the  bee.  Had  a 
chemist  selected  one  of  the  three,  the  one  which  containeti 
the  alkali,\the   result  \\(ndd   have  been  ditto.      To  the  unlet- 


"^M^ueen  against  Kiel,  Manitoba  Law  Reports,  \"ol.  II.,  No.  li,  page  331. 


rm:  soiri  n-]vi:sT. 


:.'!» 


tercd  rustic,  however,  the  mystic  mimber  is  the  all-powerful, 
indispensiMe  reciuisite.  So  (<f  the  number  twelve;  '1x10  were 
twelve  tribes  of  I>rail,  twelve  apostles,  twehe  tables,  .'ind 
there  are  twelve  months  in  the  }ear,  and  twelve  siorus  of  the 
Zodiac.  As  the  orij^in  of  the  jury  system  is  lost  in  the  ob- 
scurity of  the  Middli'  Aj^^es,  it  is  impossible  to  j^ive  atiy  rea- 
son why  the  particular  number  twelve  was  ll\ed  upon,  aside 
from  the  fact  of  ma<>^ic  in  the  fif:;ures.  If  a  lar<j^e  number  of 
men  are  more  certain  to  arrive  at  a  correct  conclusion  than. a 
small  number,  why  not  make  it  one  hundred,  instead  of  twelv-? 

One  thinj^  is  certain:  hnch  law  is  ahnost,  or  ([uite,  imknown 
in  the  North-West  Territories.  This  is  not  our  experience 
in  the  States.  A  friend*  once  remarked,  in  sul>stance.  thai  a 
crowd  of  rejj^uiators  would  seize  uj)on  a  poor  wretch,  torture 
him  into  accusino^  himself  of  a  crime,  and  ban*;  him  upon  tliis 
confession,  when  if  a  rescue  had  been  accomplished,  and  a 
jury  selected  from  the  same  crowd,  they  wouUl  have  listened 
to  the  vapourin<^s  of  some  pettifo^i^tjer;  and  closed  the  farce  by 
accjuittino-  the  defendant.  Talk  with  any  member  of  a  l)and 
of  regulators,  and  he  will  plead,  in  justillcation,  the  law  \ 
delay.  IJetter  summary  justice  to  the  guilty,  than  a  farcical 
ac(piittal,  or, 

"That  worst  of  tyrants,  an  usurping  crowd." 

Any  western  lawyer  with  experience  in  criminal  [)ractice 
knows,  that  in  exer-cising  peremptory  challenges  on  behalf  of 
his  client,  in  a  criminal  case,  he  does  not  pay  more  attention 
to  nationality  than  to  some  other  things,  which  the  free- ma- 
sonry of  the  profession  forbids  mentioning.  Thus  is  the 
ancient  glory  of  being  tried  by  one's  peers  de^^arted.  The 
author  is  not  advocating  the  abolition  of  the  jury  system.  Far 
from  it!  But,  as  Judge  Taylor  has  said:  A  great  deal  tuo 
much  may  be  said  of  rights  in-anted  by  old  statutes  and 
charters. 


\ 

i 

i 

1 

^Hi  \ 

:0fl 

,'? 

!  i': 

\\  ■    1    H 

■  !< ''  i  i 

|)ii  i 

i, 


"1 


:'i 


"L     I 


HI 


If 


*  Miltoa  McLaughlin,  of  West  Point,  Nel^r. 


;i 


''■  I 


30 


77//-;  lu.(KH)  or  Aiir.L. 


Home  (Icnicd  lier  (kpcndencics  jitoxiiicial  sciiiitcs.  IJiit 
Euf^hitid  ^i  ants  io  Canada  a  parliament  with  plenary  powers 
of  lej^islalion.  Rome  extorted,  In  taxation,  from  her  j)ro\ - 
inces  the  entire  exjiense  of  licr  home  government.  En<jland's 
principal  colonies  rej^nlate  their  own  revenue;  and  Enj^- 
land  supports  her  home  {government.  Rome  lahoured  to 
destroy  political  unity  in  her  provinces;  Great  Britain  makes 
a  federal  republic  in  all  hut  name  for  her  North  American 
de])endencies.  Rome  had  a  privilc^H-d  class  who  could  apj:)eal 
unto  Ca'sar;  that  class  were  the  Quirites.  England's  colonies 
contain  a  like  privilej^ed  class;  hut  in  the  latter  case  it  is  not 
the  An<^lican  Quirites,  so  to  speak;  hut  it  is,  rather,  men 
charj^fetl  with  capital  crimes.  The  exceptional  outrag'es  of 
which  England  and  Englishmen  have  been  guilty,  were,  in 
Roman  provinces,  not  the  exception  hut  the  lule.  , 

Formerly  all  that  portion  of  British  North  America  bounded 
by  the  I'nited  States  ami  Canada  West  (Ontario)  on  the 
South;  bv  Canada  East  (Quebec)  and  Labrador  on  the  Jilast; 
by  Hudson  Strait  and  the  Arctic  Ocean  on  the  North;  and  by 
Russian  yVmerica  and  the  Pacific  Ocean  on  the  West,  was 
under  the  dominion  of  the  Hudson  Bay  Company,  a  corpora- 
tion existing  by  virtue  of  a  royal  charter  from  Charles  H.  of 
England,  in  the  year  1670,10  Prince  Rupert,  the  hare-brained 
madcaji  who  lost  the  battle  of  Marstou  Moor,  as  first  presi- 
dent of  the  Hudson  Bay  Company,  and  fourteen  others  and 
their  successors.  Under  the  title  of  "  the  governor  and  com- 
pany of  ad\'enturers  of  England  trnding  into  Hudson  Bay," 
there  were  granted  to  them,  by  such  charter,  the  sole  trade 
and  commerce  of  all  those  seas,  straits,  bays,  rivers,  lakes, 
creeks  and  sounds,  in  whatsoever  latitude  they  shall  be,  that 
lie  within  the  entrance  6f  the  straits  commonly  called  Hud- 
son's straits,  together  with  all  the  lands  and  territories  upon 
the  countries,  coasts  and  confines  of  the  sea,  bays,  lakes, 
rivers,  creeks  and  sounds,  aforesaid,  not  previously  granted. 
This  country  was  denominated  Rupert's   Land ;  and  was  so 


Tin:  xoirrif-WHsT. 


31 


!!tl 


ilcsi<,'iKitcHl  on  tlic  maps  foi-  two  hiiiKlred  \cmi>.,  its  all  of  us 
wlio  studied  geo<^rajih\  previous  to  the  year  of  L,n-aee  1S70, 
know  full  well.  The  company  was,  by  the  charter,  invested 
with  the  ownership  of  the  soil,  ant!  with  <;overnmental  pow- 
ers within  the  region  designated. 

Construed  in  the  li^ht  of  its  terms,  and  with  respect  to 
previous  jj^ranl>,  there  were  gra\'e  doubts  as  to  the  ri«;ht  of 
the  company  to  all  the  territorv  named;  but  ihcN'  claimeii 
such  right;  and,  as  they  grew  rich  and  pcnverful,  they  as- 
serted their  claim  successfully. 

\Vestward  of  the  territory  originally  named  Rupert's  Lantl 
was  that  jiortion  of  Ihitish  North  America  embraced  with- 
in tjie  Arctic  and  Pacitic  slopes.  This  was  called  the  Indian, 
.ind  afterwards  the  North-West,  Territory.  In  the  year 
1821  the  North-West  Company  was  merged  in  llie  Hudson 
Hay  Company;  and  the  government  grantetl  tlie  latter  a 
monopoly  in  this  territory  for  twenty-one  _\  cars.  A  new- 
license  was  granted,  for  the  same  period,  in  1S3S.  This 
latter  expired  in  1859.  ^^^^^  ^^^^  company,  paying  no  at- 
tention to  that  fact,  continued  to  exercise  the  franchise, 
though  possessing  no  special  privilege  in  the  premises. 
.Such  war,  the  condition  of  things  up  to  the  series  of  events 
hereinafter  related.  The  history  of  the  Dominion  can 
never  be  written  without  a  large  space  is  given  to  Thomas 
Douglas,  fifth  earl  of  Selkirk,  whom  Professor  Bryce  raid<s 
with  Baltimore  and  Pemi  as  one  of  the  great  triumvirate 
of  American  colonists.  This  truly  great  man  was  born  at 
the  family  seat,  Saint  Mary's  Isle,  a  peninsula  (formerly 
an  island)  at  the  mouth  of  the  estuary  of  the  Dee,  which 
river  empties  into  Solway  Firth,  in  June,  1771.  It  was  this, 
family  seat  which  was  pillaged  by  John  Paul  Jones  and  his 
reckless  followers  during  the  American  Revolution.  Selkirk 
died  in  France,  at  the  age  of  forty-nine  years. 

To  give  anything  like  a  history  of   Lord   Selkirk's  settle- 
ment would  require  more  space  than  can  be  devoted  to  so  in- 


\)A 


■/8 


* 


}  ' 


is 


n 


I  1 


1 

i 

1 

1 

i' 

J  -J' 

32 


77//-;  liLixH)  OF  Mil: r. 


tercsting  tin  cspisodc.  The  task  has,  already,  been  ahly  pci- 
fonned  by  Professor  Hryce,  in  his  valuable  work :  Manitoba : 
Its  Infancy^  Groivth^and  t^ resent  Condition.  Vov  (lie  pres 
ent  purpose,  let  it  suHlce  to  sav,  that,  in  the  year  i8i  i,  Lord 
Selkirk,  at  his  own  e\'i)ense,  lilted  out  a  eolony  of  IIi;^Hi- 
landers  from  Sutherlandshire,  with  a  slijj^ht  reinforcement  of 
Sli^o  Irish,  who  were  landed  at  York  Factory,  on  the  coast 
of  Hiulson  Hay,  at  the  mouth  of  Nelson  River;  and, 
durinLj  the  sprinjj^  followin<4',  were  settled  in  the  \allev  of 
the  \{cd  River  (if  the  North.  Here  the  name  of  theii'  •gra- 
cious jjatron  has  been  preserved   in  the   nomenclature  of    the 


retjion. 


The  narrative  of  this  little  colony's  life  is  one  of  the  sad- 
dest chapters  in  the  history  of  the  world.  In  1816  the  mas- 
sacre of  Keldonan— -most  foul,  tit  to  l)e  named  with  Glencoe 
and  I'ort  Pillow,  differing;'  only  in  degree  from  the  liloody 
crime  of  vSaint  IJartholomcw — was  perpetrated,  the  ^■ictims 
beinj^  mostinnocejit.  From  the  relation  of  this  tale,  so  revolt- 
in*^  to  every  lo\er  of  liis  kind,  the  author  be<^s  to  be  ex- 
cused. 

About  ten  \ears  thereafter  came,  successively,  the  triple 
plajj^ues  oi  the  Rocky  Ivlountain  locust;  the  mice  (scarcely 
less  destructive),  and  the  terrible  deluire  of  1S27.  During 
the  winter  of  1826  and  1827  the  inhabitants  of  this  region 
suffered  beyond  measure. 

One  of  the  most  affecting  incidents  to  which  the  author's 
attention  has  ever  been  called  is  related  by  the  historians  of 
that  time.  A  woman  was  found  dead  with  an  infant  on  her 
back  within  a  cpiarter  of  a  mile  of  Pembina.  "The  poor 
creature  must  have  travelled  at  least  125  miles  in  three  days 
and  three  niyfhts."  As  we  think  of  this  heroic  mother  goad?d 
with  the  hope  of  succor,  toiling  through  cold  and  darkness, 
now  sinking  in  despair,  now  roused  by  the  pleading  of  her 
little  one  to  a  renewal  of  the  unecjual  struggle  for  life,  anon 
uttering  words  of  cheer  and  promises  of  help  to  her  darling 


77//;  .\(>inii-\vi:sT. 


88 


iKll. 


as  she 


pu 


rsucs  her  course  with  the  ener<rv  liorii  of  des- 


pair, and,  at  hist,  siiik'n^^  down,  to  die  in  si<^ht  of  the  haven 
she  sonjijht,  what  hu^l-and  and  father  of  us  can  think  of  it 
with  dry  eyesr 

Leaving  history  here,  let  us  pass  to  biography. 


! 


i 


I  ,1' 


lili) 


.£r' 


Kg<. 


I  4 


I^ii 

%  '-  ^ 

i 

1  ' 

1  i 
1 

' 

:    i 

i 

m' 

?  i 

PART  THE  SECOND. 


The  Blood  of  Abel, 


'1 

1  jH 


Civis  Anglicanus  Erat, 


<  •  t 


!1 


1 

if 

» SH  < 

'-'  1 

'     1 

^mSk 

i  i 

fei 

IBI 

^iji 

..By  J 

II 


:,-; 

m 

1 

i 

• 

1 

1 

II 


I 


11 


h  I M 


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. . 

5 

1 

i                               : 

w   \ 

I 

1 
-.t 

;-->•.;!•' 


LOUIS    KIEL 


'fy 


THE  BLOOD  OF. ABEL, 


Part  the  Second, 


REBEL  RIEL. 


"  In  men  whom  men  condemn  as  ill 
I  tind  so  much  of  goodness  still, 
In  men  whom  men  pronounce  divine 

I  find  so  much  of  sin  and  hlot, 
I  hesitate  to  draw  a  line 

Metween  the  two,  where  ( iod  has  not." 

— [Jo'i'^i'iii  Miller. 

Y,  oris  RIEL*  wa^  l)()in  OctobcM-  12,  \^\\,\  at  Saint 
^^^  Hoiiifacc,  Ruperrs  Land,  on  tlie  western  bank  of  a  small 
creek  which  nnis  into  the  Red  River  fiom  the  East,  a  little 
North  the  site  of  the  present  city  of  Winuipejjf,  Tb.is  stream 
is  called  after  that  liistoric  river  the  Seine.  The  stibject  of 
this  sketch  was  the  s-on  of  Louis  Riel,  senior,  and  Julie  ile 
Latjimaudiere.t  The  house  in  which  the  child  was  horn  was  a 
small,  one-story,  straw-thatched,  log  structure,  containinjj;  but 
a  single  room.  A  suvv-inill  now  stands  about  three  rods  North 
the  historic  spot.  Lotiis  was  the  eldest  of  ele\  en  children, 
five  of  whom,  with  the  mother,  stnvive  him. 

Louis  Riel  belonged  to  the  '•  Metis"  or  half-breed  lace.    He 
waswhat  thcv  call  in  northern  Xew  ICngland  a  French-Indian. 

*  Pronounced  as  though  sjielled  Reyell,  with  the  acceui  on  tht  ia.-.t  syllable, 
f  The  Annual  Cyclopedia  for  1SS5,  obituary  "  Kiel,"  states  thn*  Louis  Kiel  was 
born  lN47.     This  shows  of  what  slufV  cyclopedias  are  made. 
X  Variously  spelled. 


■Mi 


1 


^  I 


III 


i 


]  :'i 


! 


i 


!  iij 


1 

f 

M 

'-, 

Ifi 

..j^. 

'  Sf 

'\ 


M 


l\ 


;58 


71//:  n /.(><>/>  <}/'  AjiKL. 


Kiel  once  told  agciilleman  in  New  York,  that  he  had  traced 
his  ancestors  from  Sweden,  successively,  to  Germany,  France, 
Ireland,  and,  finally,  to  Canatla.  The  nil  me,  he  said,  was 
originally  spelled  Riegal.  He  was  the  authority  for  the 
statement  that  the  Scandinavian  form  of  the  name  was  the 
patronymic  Rielson.* 

Louis  Riel,  junior,  was  the  fifth  in  descent  from  John  iJap- 
tist  Reckhill,  (for  so  the  name  was  Hiherni/cdf  j,  a  native  of 
I.imerick,  Ireland,  who  migrated  to  Canada  in  the  last  decade 
of  the  se\enteenth  century  ;  and  settled  in  what  is  now  the 
province  of  Quebec.  Tn  the  year  1705  this  John  Baptist 
Reckhill,  or  Riel,  at  lie  I )ui)as,  diocese  of  Montreal,  married 
Louise  Cotia,  aged  twenty  years,  daughter  of  Francis  Cotta 
and  Joan  X'^  ndon.  Six  sons  were  the  fruit  of  this  union,  and 
they  all  bore  the  surname  of  L'lrelande.  The  eldest  received 
his  father's  name  Frenchified,  and  was  known  as  Jean  Jiaptiste 
Riel  I)e  L'Irelande.  lie  was  baptized  ;)t  lie  Dujjas  in  lyoy 
One  hundred  and  Cwo.  years  thereafter  his  grandson,  bearing 
the  siime  name,  minus  the  De  L'Irelande,  left  tlu  parish  of 
Ik-rtheir  for  the  North-West.  Here  b  ■  married  a  half-breed 
woman;  and,  iri  the  year  18 17,  they  had  a  son  born  and  bap- 
tized at  CrossiniT  Ishmd.  in  the  south  branch  of  the  Saskatche- 
wan,  within  the  limits  of  the  present  district  bearing  that  name, 
and  near  the  seat  of  the  l.wte  Half-breed  War.  This  child 
was  nametl   Louis,  and  was  the  father  of  the  Riel  of  history. 

Louis  Riel,  the  elder,  was  a  man  of  ability  and  enterprise. 
He  built  tlfe  first  grist-mill,  driven  by  water,  in  the  North- 
West.  I'he  history  of  this  achievement  is  re^iarkable.  The 
streams  of  ^Manitoba  were  all  either  too  large  or  too  small  for 
the  purpose.  The  Red  and  Assinniboine  came  under  the 
first  head.  All  the  tiny  creeks  tributary  to  these  were  to  be 
classed  imder  the  second.  What  was  to  be  done?  Farquhar 
called  Necessity  the  mother  of  Invention;  and  iiis  words  have 


*  Kiel's  speech  obj'.cting  to  the  sentence.     See  the  Bhie  IJook. 
j  A  woid  coined  hy  the  autlior. 


lU'lUEL  RfFJ.. 


3i) 


^' 

I    tWI 

1 

crystallized  into  a  proverb.  The  Seine  emptied  into  the 
Red  River  at  Saint  lioniface,  and  runnini^  parallel  with  it,  or 
nearly  so,  was  another  tributary  of  the  Red  called  <irais.se 
Creek.  The  indefatigable  half-breed  conceived  the  idea  of 
connectin<^  these  two  little  streams— -absorbing;  the  (iraisse  in 
the  Seine,  and,  thereby,  auj^nienting  its  force  to  a  niill-driviui^^ 
capacitv.  In  order  to  accomplish  this  it  was  necessary  to  cnt 
a  channel  nine  miles  lon.i?-  Considering  the  knowledge  t)f 
engineering  re([uired;  the  limited  means  at  command,  and  the 
uncivilised  state  of  the  comitrv,  this  achievement  was  won- 
tlerful.  C\  rus  diverted  th.>  waters  of  the  great  river  Eu- 
phrates int''  an  artificial  lake  1:)V  a  similar  devise.  He  did  it  for 
the  purpose  of  sacking  a  city,  and  slaving  its  inhabitants.  The 
simple  half-breed  sought  to  give  bread  to  the  eater.  Tlie  name 
of  the  general  is  immorta! ;  that  of  the  miller  is  forgotten. 
But  so  it  will  ever  be  as  long  as  mankind  honour  the  destroyer 
of  a  kingdom  above  the  benefactor  of  a  commvuiity,  and  the 
incendiary  more  than  the  architect.  As  a  ju'.'st  Xapolon  de- 
serves to  rank  with  Justinian ;  but  the  Coi/c  Xapoleon  '-tands 
in  thg  shadow  beside  Marengo,  Jena  and  Austerlit/. 

So  even  in  the  case  of  so  humble  man  as  the  elder  Riel. 
It  was  as  an  agitator  and  partisan  leade?"  that  he  was  chieily 
famous.  The  reader  (^f  the  lirst  part  of  this  volume  will 
recollect  the  absorj)tioii  of  tiie  Xorth-West  Company  by  the 
Iluclson  Hay  Company.  The  Hrst  of  tbese  was  organized  in 
Alontreal,   and    was  essentialU    a   French    institution. 


The 

French  half-breeds  were  linked  to  it  bv  ties  of  race  and  lan- 
guage. On  the  other  Hand,  after  the  union,  the  dcMninant 
company,  which  had  Scotch  ollicers  ami  was  totally  .Scotch, 
was  ilislikcd  by  the  French- Indians.  They  chafed  untler  its 
rule.  It  was  an  unkind,  domineering  step-father.  The  extent 
of  its  jurisdiction  was  doubtful,  but  its  assunijjtions  were  great. 
It  was  the  child  of  favouritism.  The  very  charter  to  which 
it  traced  its  existence,  was  the  gift  of  an  ignorant  anil  proHi- 
gate  king,  to  a  cousin  who  must  be  provided-for.     The  forced 


'    \    « 


'I 


M 


i  lis  I 


'1 

i 

1 

1 

, 

f 

3 

i       j 

3 

1 

1 

1^ 

3  i!  1 


.V     ( 


\ 


I    $  ml  il 


\     d: 


40 


Tin:  HUM) I)  OF  Ani:L. 


li 


\\\ 


M 


construction  put  by  the  conijianv  upon  its  charter  in\olve'l 
the  ri*(ht  to  hnids  in  which  the  iMerry  Monarch  had  about 
the  same  title  as  liad  the  Devil  in  kingdoms  offered  to  Jesus 
Christ.  The  Hudson  Hay  Company  was  a  (^iant  monopoly. 
It  inonopoli/ed  everything,  even  the  commerce  of  the  coun- 
try. The  half-breeds  were  free-traders.  The  American 
frontier  was  too  near,  and  the  opportunity  for  gain  too  great 
to  allow  of  an\'  restrictions.  In  iS-}..]  the  company  issued  an 
order  threatening  to  refuse  transportation,  in  its  boats,  of  the 
goods  of  any  person  trading  on  his  own  accoimt.  On  the 
2oth  day  of  December,  1844,  when  the  infant  Louis  lacked 
two  days  of  being  two  months  old,  the  company  assumed  the 
surveillance  of  the  mails,  and  the  right  of  searching  the  house 
of  any  person  suspected  of  trading  on  his  own  accoimt.  The 
French  half-breeds  refused  to  submit.  The  Imperial  (ro\- 
ernment  was  invoked;  and,  in  1846  four  hunilred  sokliers 
were  sent  to  Fort  (jarry,  the  company's  post  nt  the  conilu- 
ence  of  the  ^Vssinniboine  and  Retl  Rivers,  to  preserve  the 
peace. 

The  vear  1S48  was  the  jul)ilee  of  political  agitators.    Pliilo- 
.*•     .  .  .  .  '  . 

sophical    ie\  (^lulionists,   like   Mazzini;    jiatriotic     r.^bels.    like 

Kossutli;  political  iconoclasts,  like  Bakounine  sprang  up,  of 
one  accord,  all  over  Euroj^e,  like  the  armed  men,  after  the 
sowing  of  the  teeth  in  the  classic  tale.  The  I'ope  fled,  a  fugi- 
tive, to  Gaeta.  Louis  Philippe's  throne  crumbled  and  fell. 
The  truth  of  vShakspere's  words  : 

"  Uneasy  iies  the  iiead  tliat  wears  a  crown,"' 
came  home  to  the  heart  of  every  monarch  of   Europe.      Vic- 
toria was  no  exception.     In  this  year,  of  terrible  experiences, 
all  but  sixt\  of  the  troops  at  Fort  Garry  were  recalled. 

In  the  year  i84()  William  vS;iycr,  a  French  half-breed,  was 
arrested,  and  iodgetl  in  jail,  for  trading  on  his  own  account. 
Three  others  were  arrested  shortlv  afterwards,  but  were  re- 
learned  on  bail.  The  elder  Riel  summoned  his  race  to  form  a 
\  igilance  committee,  for  their  protection  against  the  company. 


REHEI.   HIKL 


41 


This  vviis  (lone.  Sayer  was  to  he  hrouj^ht  to  trial  on  Ma\' 
the  seventeeth,  Ascension  Day.  On  tliatday  the  half-hiceds 
attended   mass,  at  the  cathedral  in   Saint  lie, riiface;  antl   then 


fifty  (jf  them   crossed  the   river  to   l'\)rt   (iarr\- 


Til 


ey  weie 


ori^anized;  and   ready   for  fij^ht,  if  necessary.      Major  Cald- 
well, actinfj  ji^overnor  of  the  company,  was  otllciatin*^  maj.'is- 


trate,  assisted    hv 


one 


Thon 


an 


E 


n«jjlishman,  imported   !)}• 


Lord  Durhaivi,  for  the  purpose  of  hein^  employed  hy  tlie 
company.  Before  such  a  tribunal  the  defendant  had  small 
show.  Major  Caldwell  <>raciously  informed  the  half-breeds, 
that  a  committee  of  them  would  be  allowed  to  assist  Sayer  in 
his  ilefence.  In  response  to  this  invitatiow  Kii  1  entei"e<l  the 
court-room,  with  twenty  of  his  followers,  armed  to  the  teeth, 
and  prepared  to  render  the  most  substantial  assistance.  The 
main  IkxIn'  remained  outsiile.  The  prosecution  closed  their 
case,  when  Kiel  sprang  to  iils  feet;  and  declared  Sayer  ac- 
cjuitted.  A  loud  yell  from  the  hidf-breeds,  within  and  with- 
out, jjjreeted  this  announcement.  lu  vain  the  mai;i>trales 
protested,  and  asserted  their  authoritv.  They  could  not  co[)e 
with  the  rebels.  Riel  compelleil  the  conii)auy  to  restore  to 
Sayer  the  j^^oods  taken  from  him;  to  i  om])ensate  him  for  his 
loss,  and  trovd)le;  and  to  j)roclaim  free-trade  thioucrjiout  the 
colony,  and  Louis  Riel,  senior,  and  his  swarthy  baiul,  had  to 
thank  the  political  fire-eaters  of  Europe,  who  made  it  neces- 
sary to  recall  the  troops,  in  1S48.  From  the  houi  of  his  tri- 
umph to  the  day  of  his  death  the  elder  Riel  was  the  champion 
of  his  lace.     Financially  his  life  was  a  comparative  failure. 

lie  died  in  1S64;  and  his  body  rests  in  the  Catholic  cemetery 
in  Saint  Boniface.     No  bard   has  sung  the  praises  of  this  re- 


mar 


:abl 


e  man. 


But, 


(lurmof 


the  1 


ong  winter  evenings,  nianv 


an  aged  half-breed   makes  the  night  less   long  with  the  story 
of  his  exploits  in  defence  of  his  desjiised  clan.      Xear  his  last 


restmg-place  the  passmg  traxeller  mi 


Ih 


dit 


ause  and    littiuirU 


repeat   those    lieautiful    lines   from   Ci ray's    l-^leg\',  too   often 
tjuoted  to  need  repetition  here. 


V 


t 


\ 


42 


TlfE  BLOOD  OF  Mi  EL. 


W 


M 


'i 


It  is  not  intended  to  write  anvlhin^  which  may  V)e  called  a 
life  of  the  younger  Kiel,  a  sketch  is  all  that  will  be  attenipteil. 
The  author  believes,  tliat,  before  the  reader  closes  this  book^ 
its  object  will  siitHciently  appear;  and  a  simple  sketch  is  all 
that  is  necessary. 

Louis  Kiel  remaineil  at  Saint  Boniface,  from  tlie  date  of 
his  birth  until  the  year  i-Ss*^;  and  it  was  here  he  recei\ed  the 
rudiments  of  his  education. 

In  narratinjjj  the  life  of  a  lilstoric  personaj^c,  cute  anecdotes 
are  always  in  order;  and  woe  be  to  the  sacrilegious  iconoclast 
who  dares  tt>  declare  them  apocryphal.  (Jeorjj^e  Washinj^- 
ton's  cherry  tree,  and  Robespierre's  wet  stockin<(s  will  always 
be  associated,  the  one  with  the  name  of  the  l)est,  the  other 
with  that  of  the  worst  of  men.  Tell,  man  or  myth,  shot  the 
apple  from  the  head  of  his  child.  It  is  a  pretty  story;  and, 
as  with  the  nursery-tale  of  Santa  Claus,  we  look  back  with 
regret  to  the  first  time  we  heard,  that  it  was  imtrue.  We 
have  no  lo\e  for  the  person  who  told  us  this  piece  of  Inul 
news;  and  associate  him  with  the  man  who  first  announced  to 
lis  the  death  of  a  dear  friend. 

The  life  of  Louis  Riel,  if  it  is  ever  written,  w  ill  not  be 
wantinii^  in  these  little  anecdotes. 

It  is  related  of  him,  that,  at  school,  he  was  aggravated  by 
another  boy  who  wanted  to  fight  him,  when  he  said  :  ^^  Vou 
want  to  figltt.  do  you?  Well,  I  will  go  and  ask  my  father,, 
and  if  he  tells  me  to  fight,  I  will  meet  you."  It  wouUl  be 
well,  if  every  boy  would  adopt  the  same  rule,  providing  al- 
ways, that  each  one  had  as  good  a  father  as  had    Louis  Riel. 

The  eUler  Riel  was  far  above  his  position  in  life.  He  de- 
sired to  give  his  eldest  son  a  liberal  education.  Hut  his  means 
would  not  allow  it.  Dame  Fortime,  however,  raised  up  a 
friend,  in  the  person  of  the  Right  Reverend  I^ishop  Alexan- 
der Tache,  the  present  archbishop  of  St.  l^oniface.  This 
eminent  prelate,  and  distinguished  scholar  f(nmd  a  patron  for 
the  boy,  Madame  Masson  of  Tcrebone,  at  whose  expense  he 


UEHEL  lilEL. 


43 


^      L  J;s 


was,  in  the  year  185S,  sent  to  the  Jesuits'  college,  at  Montreal, 
where  he  remained  seven  years — initil  the  sprinjic  of  1865. 
Here  he  conipUted  liis  chissical  course.  It  is  to  he  presumed 
that  his  school  life  was  that  of   most  students. 

One  affectinjif  incident  is  related  of  him.  lie  had  a  class- 
mate  for  whom  he  contracted  a  lastin<(  affection.  The  attach- 
ment was  mutual.  It  was  like  the  frieiulship  of  Damon  and 
Pythias;  even  as  the  love  of  David  and  Jonathan,  amiahle 
ahove  the  love  of  woman.  Ilis  friend  was  stricken  down  of 
small-pox.  The  attack  was  sudden;  and  the  form  malignant. 
Louis  refused  to  leave  him;  and  could  not  he  (lri\en  or  torn 
from  his  side.  He  remained  faithful  to  ihe  last,  Ik-fore 
death  the  poor  youth  awoke  from  his  delirium;  and  hade  his 
faithful  watcher  a  last  farewell. 

VVMiatever  may  he  said  of  some  incidents  to  he  hereinafter 
related,  one  loves  to  turn  from  their  contemplation  to  this 
affecting  incident  in   the  school-hoy  life  of  Louis  Kiel. 

After  finishing  his  college  course,  Riel  remained  one  year 

in  Montreal,  when  he  went  to  Saint  Paul,  Minnesota,  where 

he  was,  for  a  time,  engaged  as  a  clerk  in  a  store.    Archhishop 

Tache,  in  a  letter  to  the  author,  thus  hrieHy  epitomizes  the  tale 

of  his  life  for  the  next  three  years: 

"  Me  tried  in  the  West  all  sorts  of  business,  and  failed  to  secure  any  success. 
In  1868  he  came  t)ack  to  his  native  land,  and  remaineil  with  his  family  until 
the  trouble  of  I S69." 

Here  we  may  he  said  to  have  passed  the  preliminary  part 
of  this  little  volume;  and  to  have  reached  that  portion  of  our 
work  which  hears  less  remotely  upon  the  object  of  this  hook. 
Now,  reader,  let  us  have  a  perfect  understanding,  at  the 
threshold.  No  justification  of  Louis  Riel  will  be  attempted. 
If  his  conduct  is  to  be  condemned,  the  author  will  leave  that 
condemnation  to  the  reader.  For  the  purposes  of  this  vol- 
ume, it  will  be  necessary  to  give  a  brief  sivetch  of  his  public 
career  which  began  in  186,9.  In  giving  such  a  sketch  mci- 
tlental  comment  can  hardly  be  avoided.      But  the  author  begs 


t 


44 


Tin:  liLooD  OF  mu:l. 


n 


1*1 


the  reader  to  consider  ;my  oiiinions  imvvittii)<j^ly  l)ctriiyfd  hy 
such  comments  ;i.s  vvhal  the  hivvyers  rail  obiter  dicta ^  not 
hindin<^  upon  llie  judjifment  or  conscience  of  anyone,  saNe  the 
author.  *- 

In  the  year  1S67  the  parHament  of  Great  Britain  passed 
what  is  known  as  tlie  British  North-American  Act.  This 
statute  received  the  royal  assent  on  the  first  day  of  July.  By 
this  act  authoiity  was  <riven  to  create  the  province  of  Mani- 
toha.  It  was  shortly  after  this,  that  Fate,  that  stern  arhiter 
of  men  and  nations,  forced  a  transfer  of  ]<.upert's  Land,  by 
the  Hudson  Bay  Comj^any,  throu<i;^h  the  Imperial  govern- 
ment, to  the  Dominion  of  Canada.  To  borrow  a  fiji^ure  from 
Macaulay,  the  Hudson  (>ay  Company  had  been  to  the  North- 
West  Territories  what  leadin<j^-strin«;s  are  to  a  child.  But, 
at  thi»  era,  the  child  had  out-ofrown  the  anxiliarv.  Like  a 
selfish  parent,  who  can  not  realize  the  growth  of  its  offsprin*^, 
tlic  comp  inv  tried  to  continue  its  control  past  its  child's  free- 
dom day. 

It  is  said  that  Chinamen  have  a  way  of  dwarfing  a  pine 
tree  till  it  will  grow  inside  a  fiower-pot.  It  was  a  similar 
process  which  was  tried  in  the  North-West  by  the  Hudson 
Bay  Company.  But,  unlike  the  case  of  the  Chinamen  ajid 
the  pine  tiee,  it  failed.  It  was  Dame  Partington  vainly  bat- 
tling with  Atlantic  Ocean.  * 

The  mania  for  mendacitv  seemed  to  seize  every  member 
anil  emjjloyee  of  the  company  like  a  contagion.  Even  good 
men,  like  Sir  George  Simpson,  represented  the  country  as 
unsuited  for  agriculture ;  tunl  fit  only  for  trappers  and  fur- 
traders. 

By  the  surrender  of  its  governmental  powers  the  company 
got  rid  of  an  ugly  cjuestion,  involving  the  extent  of  its  juris- 
<liction.  The  question  was  pushing  itself  into  the  arena  and 
demandinjjf  a  solution. 


*  Since  writing  the.ibove  I  have  learned  for  the  first  time,  that  Mercer  Adam 
employ?  the  same  hackneyed  lij^ure. 


HIUIEI.   I!  I  EL 


4ft 


By  the  terms  of  the  transfer  the  conijiany  released  all 
governmental  jurisdiction  o\er  the  territory;  and  all  pio- 
prietary  interest  in  the  soil,  excepting  certain  reservations 
made. 

In  the  latter  part  of    1869  a  formal   deed  was  executed   l>y 
the  Hudson   Hay  Company,  ceding   this  \'ast  territory,  over 
2,300,000  square  miles  in  extent,  in  consideration  of  les>  than 
$i,5oo,(X)0  of  xVmerican  mone}'.     The. grantors  reserved   all 
stations  and  trading-posts  in  actual   possession  at  the  time  of 
the  transfer.      There   is,  in   this  country,  a  tract  termed   the 
Fertile   Belt.      This  helt  contains  over  three  .hundred   mill- 
ions  acres.      'IMie  coinjjany   withheld  the  title  to  onl\    one- 
twentieth  of  these  lands,  the  reservation  to  be  specified  when 
the   lands    were    surveyed    and    hlocUed-out    for   settlement. 
The  deed  alst)  provideil   that  all   land   titles  conferred   l)y  the 
compan\'  up   to  May    8th,   18O9,  shcndd    be  confirmed;    and 
that  the  Indian  claim,  or  title,  should    he    liquidated   or  ex- 
tinguished by  the  purchasers.     Considering  all   this  in  com- 
parison with  the  magnitude  f)f  the  grantor^  claim,  it   looks 
like  a  small   price.     But,  viewed   as  a   matter  of   legal   riglit, 
or  even  substantial  justice,  the   affair  has  a  different  ;'p})ear- 
ance. 

In  regard  to  this  transfer,  the  people  of  the  purchased 
territory  were  not  consulted.  They  were  naturadv  anxious 
in  resfard  to  the  situation. 

At  the  session  of  the  Dominion  Parliament  held  for  1S69, 
in  Ottawa,  an  act  was  passed  providing  a  provisional  govern- 
ment for  the  acquired  territoiy. 

The  Dominion  act  provitletl,  that  the  colony  should  be 
governed  by  a  Lieutenant-Governor  and  Council  in  which 
the  people  of  the  province  haii  no  choice. 

In  October  of  that  year.  Honourable  William  Jvlacdougall 
was  appointed  the  first  Lieutenant-Governor. 

Previous  to  this,  Colonel  Dennis  had  been  sent  out  by  the 
Dominion  Government  to  superintend  the  survey  of  the  lands 


' 


4(i 


/•///•;  lii.oon  o/' . I /;/;/.. 


11 


in  Assiniiiboia.*  Now  the  half-hrccdscl.iiinetl  a  certain  intei- 
cst  in  the  lands  which  were  at  the  lime  of  Colonel  Dennis'  \  isit, 
not  transferred.  The  reasonin<^,  in  snpport  of  their  claim,  vn  as 
not  bad.  'Die  Indian  rij^ht  in  the  soil,  was  soinelhin<i^  which 
had  always  been  recoj^ni/etl  by  both  Oreat  IJritain  and  the 
I.  !iited  States.  Courts  mij^ht  call  that  ri^lit  by  whatever  name 
they  saw  tit;  but  its  existence  had  always  been  recoj^ni/ed  as 
a  le^al  entity  which  was  the  subject  of  purchase.  Upon  racial 
grounds  their  ri<^ht  in  the  soil  was  somethinj^j  tierived  from 
their  swarlliy  mothers.  Then,  too,  the  new-fanj^led  survey 
would. seriously  disturb  old  land-marks.  The  French  half- 
breeds  in  layinj^  out  their  lamls,  had  followed  the  method  so 
familiar  to  anyone  who  has  been  in  the  ProNiiue  of  (Quebec. 
Each  man's  piece  had  been  laid  out  in  a  lonj^',  tonjjfue-like  strip, 
with  a  narrow  frontage,  whether  upon  street  or  river.  The 
reason  for  this  was  two-fold.  It  was  the  social  nature  of  tiie 
Celt,  comliined  with  the  grei^arious  or  tribal  proclivities  of 
the  abori»^iiU's,  developing  in  a  desire  to  he  near  their  neigh- 
bors. Furthermore  the  newness  of  the  country  refpiired  that 
the  settlers  be  as  near  together  as  possible  for  mutual  protec- 
tion. 

lC\eryonc,  e\  en  Lord  Macaulay  s  school-lioyjf  he  is  ali\e, 
has  read  the  stor\  of  Louis  Kiel  placing  his  foot  upon  the 
surveyor's  chain,  and  ordering  him  to  desist.  Authentic  or 
otherwise,  it  is  one  of  those  dramtitic  little  incidents,  like 
Pizarro  drawing  tlie  line  in  the  sand,  ov  Cato  dropping  the 
figs  from  the  fold  of  his  toga,  which  if  not  l)elieved  will 
always  he  told, 

"  To  point  a  moral,  or  ailorn  a  lale." 

It  was  not,  howe\  er,  Louis  Riel  who  caused  the  u[Mising  in 
1869.     That  uprising  was  S|)ontancous. 

The  author  is  not  writing  history,  therefore  only  a  brief 
summary  of  facts  will  be  given.  L'pon  the  aj^proach  of  Hon- 
ourable William  Macdougall,  appointed  Lieutenant-Governor 

*  A  district  correspornling  nearly  with  the  present  Manitoba. 


il  f 


nEiu.i.  mill.. 


47 


of  .\ssiiinibf)i;i,  the  Froiicl)  half-breeds  foiiiied  a  coininiltee, 
with  Jolui  IJruce  as  I'resiileiit;  and  Louis  Kiel  as  Setittai\ . 
Rtel  was  the,  real  leader,  and  this  position  was  forced  upon 
him  by  \irtue  of  daddyism.  The  purpose  of  the  half-bree«ls 
was  to  prevent  the  entry  of  the  Lieutenant-Ciovernor  into  the 
country,  until  some  <ifuarantee  couhl  be  obtaineil,  that  the  rights 
of  the  settlers  would  be  respected. 

It  will  be  borne  in  miiul,  that  the  charter  rj^hts  of  the 
Hudson  May  Company  were  franchises,  tir  parts  of  the  roval 
])rero^ative,  <i;ranted  to  the  company;  that,  as  such,  they  had 
to  be  handed  back  to  the  crown  to  enable  the  latter  ti;  tians- 
fer  tiiem  to  the  Dominion.  The  Canailian  j^ovcrnment, 
therefore,  aj^reed  to  pay  the  purchase  money;  and  the  Im- 
perial <i^overnmcnt  became  security  for  the  amouiU.  The 
day  fixed  for  the  inial  transfer  was  the  tlist  of  December, 
1869.  As  will  be  seen,  when  (jovernor  Macduu^idl  arrived 
at  Pembina,  in  October  of  that  year,  he  was  preceding  his 
authority  by  several  weeks.  The  insurjjfcnts,  who  then  nnm- 
l^ercd  less  than  John  Brown's  raiilers,  at  Harper's  Ferry,  built 
a  barrier  across  the  road  which  led  fiom  PemlMtia  to  I'orl 
Garry  and  the  then  \illa^a-  of  Winnipeg;.  Thedou<i^ht}  Gov- 
ernor stojiped  at  the  frontier,  like  a  drunken  husband  met 
at  the  threshold  of  his  domicile,  l>v  his  vixen  spouse  who 
forbids  him  the  house  until  he  comes  home  sober.  He  alter- 
nately domineered,  raved,  w  hined  and  bej^jj^ed.  He  extem- 
porized a  royal  proclamation  which  excitetl  contempt  when 
the  fraud  was  tliscovered.  He  appointee},  Colonel  Dennis  his 
deputy,  who,  if  possible,  made  a  big'iijer  ass  of  himself  than  his 
princij)al.  Then  the  (iovernor  orevv  conciliator\ ,  and  wrote 
Riel  a  letter,  whiclvwas  condescension  itself.  Finallv,  meetin;:^ 
nothing  but  rebuff,  Macdougall  threw  up  his  commission; 
and  returned  to  Ottawa  a  disfj^raced  and  humiliated  man. 

While  this  ^gubernatorial  aspirant  was  knockin<;^  at  the 
door  of  his  inhospital.le  province,  the  pi"ovince  itself  was  un- 
dergoing a  radical   change.      In   times  of  political   re\olution 


'I 


li  " 


I 


?:•! 


\H 


TIfh:  HlJKth  o/'  MiHl.. 


events  crowd  each  other  in  raj)icl  •succession.  On  the  2rjtl  day 
of  November  llie  insnrj^ents  sei/eil  upon  Fort  (tarry,  tlie  com- 
pany's post, at  the  junction  of  the  Assinnihoine  and  lied  Ki\ers. 
On  the  twenty-fourth  day  of  that  month  a  ])rovisional  ;^overn- 
nient  was  or<j;ani/ed  with  liruce  as  President  antl  Kiel  as  Sec- 
retary. The  President  afterwards  resij^nt-d  hi  fa\'our  of  Kiel. 
The  orij^'iual  desij^n  was  to  have  a  council  of  twentv-four 
members, twelve  French;  and  twelve  Fn^jjlish.  On  theSih.day 
of  December,  the  date  of  the  conxenin^  of  the  Vatican  Coun- 
cil, a  declaiation  siniilar  in  verbiaiije  and  sentiment  to  the  his- 
toric document  bearing  tlate  |u!y  .jfh,  1776,  save  in  its  al>jura- 
tion  of  allcLjiance,  \vas  issued  by  the  new  jifovernment.  This 
action  alienated  the  ICnj^lish-sjjeakinj^  people,  who  were  never 
afterwards  fully  reconciled. 

Wearisome  details  are  not  <;ermane.  Only  a  few  salient 
points  will  be  touched   upon. 

On  the  22nd  of  December,  Riel  seized  and  opened  the 
Hudson  Hay  Company's  safe;  and  appropriatetl  its  contents, 
amountinjjf  to  a  larj^e  sum  in  cash.  This  proceedin<;  has  ])een 
denounced  as  an  act  of  robbery,  liut  RiePs  conduct,  in  this 
affair,  will  com])are  favourably  with  the  conduct  of  John 
Jirown  at  Harper's  Ferry.  A  part)-  of  iJrown's  men,  led  by 
.Mexander  D.  .Stevens,  demanded  and  took  Colotiel  W'ashintj- 
ton's  watch.  After  his  capture,  lirown  was  cpiestioned  in 
rcj^ard  to  this  affair,  and  stateil,  in  terms,  that  he  intended  to 
freely  appropriate  the  property  of  slave-holders,  to  carry  out 
his  purpose;  but  that  to  enrich  himself  by  plunder  was  not  his 
object.  Riel  evidently  had  a  like  purpose.  He  intemled 
to  make  restitution,  or  force  the  Dominion  to  do  the  like,  as 
a  condition  precedent  to  reconciliation.  For  he  attempted  first 
to  negotiate  a  loan  with  the  company.  When  refused  this, 
he  resorted  to  force.  When  he  took  the  money  a  memoran- 
dum was  left  with  MacTavish,  the  company's  accountant.  No 
one  believes  John  lirown  to  have  been  a  robber;  neither  was 
Louis  Riel. 


iii:i\i:i.  nun. 


40 


ICjirly  \\\  the  U'bc'Uioii,  Kifl  IkkI   c;i|vtiiic(l  I)r.  Si'hiilt/   ;iiul 
fcrtv-fom    ollici'  ICnt^li"'li  ^ptMUin^  C')l<inist».      Must  «>f  these 


\N 


fte  rt'le;i>«c'<l  through  the  hiiiiKme  efftnis  of  ;i  Miss  M.-it  \'ic;ir, 


liut   Schiilt/;    c'scapcil. 


'hen 


is 


htilc   (loiiht,  hilt    th.it    this 


■.cojuiihcl,   throii^jh   one   Shavvniiiii,  ali^^s   (icoi 


-e    K 


nt'tte,  a 


rf|)r()hatt'  half-hieid.  Iiied  to  hiiii;^  upon  thi-  stitlt'im-nt  the 
honors  of  an  hwha  war.  lU-  this  ms  il  nia\,  he  was  lar;4(.'ly 
rcspoMsihif  for  all  the  I  :onhIc  in  K  iipert's  LaiiiL  1  le  (Ksri  \  lul 
death;  hut  esiaped  it.  l'iit,oii  the  si-n  cnteelh  of  l'"ehrnary 
a  fai  ninic  inipoitaiit  eaptii-e  w.is  made.  Maior  IJoidton  anti 
fort\-si!\cn  nii-n  were  taken  ;)risoiic'rs.  i'hese  were  of  the 
ICii-^hsh  or  C'ana(han  parts,  who  wire  ni  amis  aj^aiiist  the 
provisional  <^fo\  I'liiineiit.  The  eoiinnaiider  was  tried;  ami 
eondeiniied  to  (hi';  luit  suhsccpieiitl y  paidoni'(L 

Till  (hivs  prior  to  this  ia|)ture  Kiil  had  l>eeneleited  i'lesi- 
deiit  of  the  new  pro\  isional  government,  with  Thomas  Ihinn, 
Secrctarv  of  Stati-;  WiUiam  l>.  O'l  )tino<^rline,  Sciritaix'  of 
Treasury,  and  .\mhro-<i'  Lepini,  ;is  Adjntatil-(  iiiui  ai.  Nrt 
at  no  time,  hefore  or  after  thi'  ea[")tiiie,  ^\'\(\  the  insii;wi-nl.s  re- 
nounee  their  ahej^iance  to  the  (.Jiieeii,  o  .-(rofess  ;mytliin^f  I)nl 
loyahy  and  at'feetioii  for  their  sovereign.  Thev  oceiipied  a 
position  siniihn  to  that  oci-npied  h\  the  eolonies  at  the  lime  <'>f 
the  hattles  of  Lexint^ton  and  Ihinkii  llili.  Certaiidy,  if  Sam- 
uel Ailams  and  [ohii  liane(),ek  were  patriots,  Louis  l^iel  and 
William  W,  O'l  )onoiL:[hue  mi^'ht  elaim  the  namr.  Cj)  to  this 
sta</e  there  is  mueli  to  commend  and  little  to  condemn  in  the 
conduct  of  Kid  and  his  f  illoweis.  They  had  sci/ed  the 
company's  propeitv,  hut  t  hev  were  forced  to  do  this.  War 
can  not  be  maintained  without  Ihiances.  The  insur<^enls  had 
kept  a  strict  account  of  all  property  so  taken.  If  they  com- 
promised with  the  Dominion,  it  was  their  intent  to  make 
the  j^overnment  reimhurse  the  C(»mpan\ .  Thou;^h  the  con- 
duct of  Kiel  and  his  followers  had  sometimes  heen  warped  by 
necessity,  and  strained  hy  the  force  of  circumstances,  yet  it 
was  in  the  main  to  be  excused,  and  even  to  be  justitied.     But 

4  ^      • 


I  i ; 


M 


!       il 


•1^    ; 


■\l 


!  ;     ! 
1  (, 


I:   I 


oO 


77//;  /;/jK>n  or  .1  ,';/•;/>. 


for  what  foll(>\v>,  the  KmiIlts  of  the  Half-breed  Revolt  inij^ht 
rank  with  Holi\  ar  and  Siure.  W^oiild  to  God,  and  for  their 
sakes,  that  the  reeoid  niii^dit  stop  here!  Hnt  the  truth  must 
he  told.  Alas  I  there  is  now  to  he  related  an  e\ent  wiiich  has 
hecome  sadh  Tiistoiical,  and  historically  sail. 

Amon^  the  prisoners  captured  with  ^lajor  Boulton  was  a 
surveyor,  who  had  been  sent  out  i>v  the  Dominion  jj^overnment, 
named  Thc^nias  Scott,  an  Ontario  Orai'LTeman.  Tids  man,  like 
many  public  characl(M"s,  was  sentimentallv  one  tliinj;  and  his- 
toricallv  another.  Ik-  has  >erved  his  purpose,  as  the  hero  of 
more  than  one  dime  novel.  Scott  has  been  {tainted  as  a  mod- 
ern Leander  the  embodiment  of  chivaluy  and  devotion.  it 
has  been  w  ritten  that  Riel  lo\ed  Scott's  Hero,  and  hence  what 
\\  ill  be  related  anon.  lUn  i;  is  not  only  with  tlie  novelist  th;it 
riioma^  Scott  has  been  ;i  favourite,  but  with  the  '-o-called  his- 
torian, that  is  to  sa\.  the  ciironiclcr  of  the  (ieiius  I'loude. 
Mercer  Adam  sa\s:  . 

"Thomas  Scott,  a  young  Kngli>!i-.speakin<;;  Canadian,  it  seems  had  l)ecoiiio 
ulinnsiiiii.s  to  Kiel  in  Uie  colony,  l)y  his  somewhat  ettiisive  loyahy  and  a  ratliei 
reckless  disregard  of  his  own  life.  As  an  ( )rangenion,  the  I'enian  llai;  on  I'oit 
Ciany,  to  this  sturdy  Briton,  was  a  hated  symliol  of  disloyalty  and  an  iiritatinj.; 
eml'lem  of  rclicllion,  Scott's  hlood  boiled  at  the  slight  o(  the  flaunting  llag.  and  lie 
became  a  bitter  .md  cut  spoUen  foe  of  tlu'  Catholic  usurpers  of  the  government. 
Captured  once  by  Riel,  he  refused  to  acknowledge  his  authority,  and,  escaping, 
defied  it  Cajilured  \  second  time,  Kiel  found  him  conlirmed  in  his  conuimacy, 
and  he  determined  toieek  his  spite  upon  him.  lie  ordered  a  Court-martial  of 
his  i)w  n  choosing,  to  try  his  victim,  but  took  care  to  hear  no  defence,  to  allow 
him  no  counsel, and  to  keep  him  in  ignorance  of  the  crime  of  which  he  was  ac- 
cused. He  did  not  even  know  the  language  and  pmpori  of  the  proceedings 
that  were  taken  a::ainst  him.  'Ihe  mock  trial  occured  on  the  evenin.:  of  the  ,^d 
of  March.  iS7o,  an  I  la.sted  a  little  over  two  hours.  Its  finding  was  fata!  ;  Scott 
\.as  sentenced  to  be  shot  at  ten  o'clock  thi-  ne\t  niorninL;." 


"The  sentence   fell  on   the  incredulous  cars  of  Kiel's  \ictim,  but 


was  mi 


pressed''  by  the  grim  humanits  of  the  utter  to  send  for  a  cleigyman.  (  >n  llit 
fiital  morning,  the  clergyman — the  Kev.  ( ieorge  ^'oung  -secured  two  hours' 
re.spite  for  the  condenmed  loyalist,  so  as  to  obtain  time  to  summon  those  who 


would  intercede  for  Scott's  life,  or  if  unsucces  ful,  to  jirepare  tlie  unfortunate 
*  According  to  .\dam's  syntax,  the  sentence  received   iheiv 


mpression. 


nEllEL  null. 


for  tieatli.  No  in'.eices-ioii  iwailed;  Kiel's  W.m'V  iifail  w^:.  vjluluiatc ;  aii'l  liis 
victim's  death  wa^  too  sweet  reveniie  to  forego  it.  Ai  noon,  in  llic  court  yard 
of  lori  (iaiiv.  llie  rfvoltint;  scene,  tlie  tragic  horiui,  t  -nk  pi. ice ;  Scott  was  in 
v,.-y  '.-'til  .^liut  down  like  a  dot;,  and  like  a  do^  \\a>  I  uiud  "■•• 

Professor  Hrvce  savs: 

"^\ilii  the  ohiect  ai>]iarently  of  awin^'  thi'  o'hcr  inlialiitants  into  >iil)n)ission,  a 
<,'anadian  named  Scott  was  harljaroiisl)'  shot  hy  tlic  Moi.sd)rules,  under  the  s^iiise 
<if  a  puUiic  execution. "1 

i<.:iiMl)aiit,  an  American  author,  icferriiijj^  to  Kiel,  says: 
"A»  length  h"  went  so  far  as  to  order  the  sh    ^tint;  of  a  younp  Orangeman, 
Thomas  Scott,  aj;ain>t  whom  he  had  a  personal  grudge,  "j 

AlexajidtT  He<^<^  coiiinients  on  '.iic  affair  as  follows: 
"( )h  1  shame  on  the  spirit  that  prompt-.. i  such  an  act '    Was  Mercy  blind  ?    I  lad 
Justice  fallen  asleep,  and  Wisdom  turned   her  hack  u|ion  the  men  who  tims  un- 
hesitatingly steejied  their  hands  ni  Mood  ?^'\ 


I 


(jasiiiff   fic-rv   loinaiici-,  ami 


lloral 


rhetoric,  with  .1  passiii; 


denial,  let  a  few   f ac  N  he  lelated.      Thonia 

.f 


s  Scott  appears  to 
ia\e  heeii  a  person  of  \  iolent  |)assions,  .iiui  arliitrarv  tenij)er. 
Like  all  of  his  order,  he  was  lilled  with  lacial  h.ite,  and  re- 
lijjious  prejudice.  He  had  once  np  <n  a  time  heen  lined,  alonj.; 
with  others,  for  an  assanll  upon  one  Snow,  their  emplover, 
from  whom  the  assailants  had  extorted  concessions,  nnder 
threats  of  ducking-.  As  the  lifiewas  paid,  Scott  expressed 
his  reuit;t,  that  thev  had  not  immersed  Stiow  in  tiie  liver. 
For  then  thev  would  have  ;^ot  their  monev'^  worth.  Scott 
had  murdered  a  man  nameil  I'arisien.  Ik  wa^  one  of  the 
prisoners  released  at  the  iec[nest  of  Miss  Mac\  icar,  upon 
|)aroI,  tliat  is  upon  his  solemn  oath,  that  he  would  not  a^ain 
take  up  arms  ajj^ainst  the  ]nd\isional  ^(Acrnmenl.  The 
caitiff  had  not  only  hroken  his  parol,  hut  he  had  aiiled  vSclniltz 
in  ti  vinjj;  to  incite  the  Swamp  Indians  lo  "^o  upon  the  \\  .11  -path. 
After  his  lecapture,  he  was  resii\i'  and  furious,  conductin<^ 
hitnself  more  like  a  mad-do;^^  thati  a  rational  and  accountal)le 
heing.  Upci  one  occasion  he  took  a  hoartl  from  the  partition 
ne\t   his  cell,  with  which  he   infciided   hraininui;   an\    person 

*  I'p.  205  ().     t  ''age  307.     X  Page  14S.     \  I'age  joi. 


Hi 

1  ^  P^ ' 

III 

1     ■:  '  1  ^ 

I 


I*  * 


'  i 


illjH 


62 


Tin:  lU.OOI)  OF  MIHL. 


wlio  should  enter  his  prison,  llis  fellow  prisoners  took  tlii^ 
from  him,  yet  his  seditious  conchiet  was  aclin*^  upon  the  less 
prudent  ones  like  a  contajj^ion.  rnder  the  diieetion  of  Riel 
and  his  council,  Scolt  was  tried  1)\-  a  dnnn-head  I'ourt-martial ; 
coinicted  and  condemned.  And)rose  Lepine,  RieTs  Adju- 
tant-( Jeiieral,  anxious  to  avoid  l)lood-'>hed,  offered  to  allow 
Scott  to  return  to  Ontario  on  condition  of  never  afterw  ard- 
settinjj^  foot  within  the  Red  Ri\er  country.  This  offer  wa^ 
spurned,  ant!  Scott  replied  to  proffered  clemency  with  taunts 
of  cowartiice,  as  he  chose  to  term  the  conduct  of  the  chiefs 
in  spariu]f(  the  life  of  Major  IJ(\ulton,  a  man  of  ecjual  courage 
with  Scott,  and  of  tar  ^i^reatei*  prudenci'.  He  told  Ivcpine,  in 
so  many  woixls,  that  the  halfdtreeds  dare  not  carr\--out  the 
sentence.  1  le  said,  fui"ther,  that  if  released  the  first  use  he 
would  make  of  his  liherty  w o-uld  be  to  kill  President  Riel. 
I'^inally,  at  the  expiration  of  a  hrief  respite  j^ranted  for  spiritual 
reasons,  the  unsuhdued  ()rau;2^eman  was  led  out  to  his  doom. 
Till  the  last  moivient  he  appears  to  have  expected  a  reprieve. 
W  hen  the  <ruards  came  for  him  he  first  realized  his  situation. 
The  execution  was   under   the   personal   direction  of    Lepine. 

party  of 


••cott  was  made  to  kneel  near  the   postern  ^ate 


A 


six  men  were  his  appointed  executioners.  The  hardy  Uriton 
was  less  affected  than  man}-  of  his  sla\'crs,  some  of  whom 
are  said  to  have  uncajiped  their  guns  l)efore  the  ordei'  to  tire 
was  gi\en.  If  Scott  lacked  all  the  other  cardinal  virtues,  he 
certaiidv  possessed  that  of  fortitude,  lie  fell  pierced  by  sev- 
eral Indlets,  killed  outrijj^ht.  Then  the  body  was  placed  in  a 
collin  and  carried  into  the  fort.  It  is  <laimed  that  even  then 
he  was  still  breathiuij,  but  this  is  a  tiction.  Afterwards  the 
Protestant  Bishop  Mackray  yisited  Riel.  and  bej^^ged  the  body, 
to  trive  it  Christian  burial.  For  obvious  reasons  this  was 
denied.  These  thiniLis  jrave  rise  to  the  belief  that  Scott  was 
not  killed,  but  only  wounded;  and  led  many  to  think  that 
he  woidd  vet  turn  up  alive.    This  was  a  delnsion.    The  body 


I  fort 


of  the  uufortiuiatc  younti;  man  was  consisrned  to  an  unknown 


lt( 


Ri:ni:L  inr.L. 


oi 


grave.  Tt  wa';  conjectured  that  the  corpse  was  thrown  into  the 
river,  hut  its  reslino^-jjlace  will  iie\er  he  known  till  the  sea 
wives  uj)  its  (lead,  and  the  slayer  and  slain  confront  each  other 
hefore  the  Searcher  of  All  Hearts  If  the  reader  desires  to 
see  this  act  of  Kiel  condemned  as  "  a  mock  execution,"  ''a 
cold-hlooded  murder,"  and-so-forth,  he  can  consult  an\'  work 
upon  the  suhject  in  the  En<rlish  lanj^ua^-e.  That  I<.iel  thou;^ht 
he  was  d()in<j^  ritcht,  there  is  no'douht;  hut  his  opinion  of  tiie 
act  is  no  defence.  If  honest v  of  pur|)ose  can  he  pleaded  to 
justify  an  action  intrinsicallv  wron<^,  what  condemnation  v- 
there  for  Tor(|uemada  or  Leo  the  Isaurian .-  Saint  Paid  vt\les 
himself  the  chief  of  sinners;  yet  he  s;i\^,  that  he  con\ei>.ed  in 
all  jijood  conscience  w  hile  persecuting  Christians  e\en  unto 
foreitj^n  cities.  When  Tliomas  Paine  was  in  the  Lu\eml)our<^, 
in  hourlv  expectation  of  death,  lie  rememhercd  \\  ith  satisfac- 
tion that  lie  had  puhlished  an  unclean  lihel  on  C"hri^tianit  \-, 
w  hich  he  had  j^iven  to  thi-  world  with  an  honest  jiurjxise. 
There  can  he  no  manner  of  douht  that  Scott  deserved  a  death 
more  i<rnoininioiis  than  a  militars' execution  the  doom  of  the 
iri]il)et.  The  autlior  has  heen,  antl  e\er  will  he,  an  uncom- 
promising foe  of  the  i'  •isiliction  of  fud;^e  Lvnch.  To  mur- 
dei  a  man  hecause  he  .-is  committed  an  infamous  crime  is  hut 
the  com])oundin<^  of  fclon\-.  A  <j^overnment  of  douhtful  ju- 
risdiction should  he  cltaix of  its  authoritv ,  It  ma\-  he  arifued 
that  KiePs  yd\  ernniciit  was  a  lawful  one,  hecause  the  Hudson 
Hav  Compaiu  in  that  icj^ion  was  a  mere  usurpei  ;  that  the 
transfer  of  the  fianchisc  h\-  the  soverei<^n  to  the  Dominion 
had  not  hei'ii  accompli'^lu■d  when  the  1  lonourahle  William 
Mactlouijall  entered  t  he  countrv  ;  t  hat,  as  tlie  C^ueen.  w  ho  w  a^- 
hnt  the  personilication  of  le;^itimate  soveieijjnitv,*  had  failed 
to  pro\  ide  a  law  fid  <4o\ernment  for  the  peoj^le,  the  admiuis- 
trati\e  '' power>>,  incapahle  of  annihilation,''''  had  rexerted  to 
the  people  for  their  exerci^-e.  So  Kiel,  as  a  rej)ie>-entat  l\  i-  of 
the  people,  w  as  not  a  rehel,  not  even  a  ie\ oluti'-uist. 


( iiiizol's  Hisluiv  (if  ('ivili/;U 


ion. 


':   : 

1 

,  1, 
J 

i 

^\ 


I 


\i  i 


! 


M 


THE  l)IJn)l)  o/'  MlEI.. 


But  aside  from  that,  it  nii<j;ht  be  further  said,  that  Kiel  had 
the  lejjjal  authority  to  take  Scott's  life,  under  the  (iod-jjjiven 
riijhtof  self-tlefence,  the  first  law  of  nature;  that  if  he  allowed 
him  to  live,  there  was  danger  of  mutiny,  and  of  destruttioa 
to  the  pro\  isional  «^overnment;  that  if  it  was  his  ri<4ht  to 
establish  such  a  <jfo\  ernment,  it  was  his  solemn  ami  bounden 
duty  tt>  defend  it  wdieu  established.  There  is  much  foice  in 
this  reasoniui^.  'IMie  stronj^est  argimient  ajj^ainst  Kiel's  crourse 
w  ilh  ret^ard  to  Scott  is  based  upon  the  plea  of  expediency. 
The  shooting  of  Scott  was  like  the  behea(lin«;  of  Charles  Stu- 
art. Tile  act  itself  was  just,  thou<^h,  j)erhaps,  iUejjal  and  pos- 
sibly i'mpolitic.  W'ashinjjjton  condemned  Anilre,  and  denied 
him  even  a  soldier's  death,  doomin<i^  him  to  the  halter.  Scott 
had  no  counsel;  neither  had  Andre.  If, as  Mercer  Adam  states^ 
Scott  was  not  infoimed  of  tiie  crime  with  which  he  was 
charged,  it  was  because  he  did  not  care  to  know  its  nature. 
If  the  trial  was  conducted  in  a  stranjijc  tony^ue,  it  is  no  n)(Me 
than  is  happening  every  dav  ,  in  the  case  of  foreigners,  w  itiiout 
thought  i)f  any  protest.  .Scott  was  given  wliat  Andre  was  de- 
nied ;  lie  \\  as  shot,  like  a  soldier.  Ar.ilre  was  hanged  like  a  spy. 
The  statement  that  Scott's  bodv  was  cons'igncd  to  an  unknown 
gra\e,  at  first  blush,  seems  cruel  to  Ins  friends.  Ikit '.Jod  did 
the  same  with  the  body  of  IShjses,  of  whose  sepulchre  "no 
man  knoweth  until  this  present  day.''  The  reason  for  conceal- 
ing his  bodv,  as  before  stated,  is  ob\  ions.  If  the  bones  of 
Tliomas  Paine,  ten  years  after  death,  caused  such  a  lout  as  ti> 
justifv  tlie  massacre  of  l^eterloo,  Kiel  was  right  in  avoiding 
the  occasion  of  an  armed  rising,  bv  concealing  the  boil\  of 
Scott.  It  is  all  the  difference  whose  o\  is  gored.  liritons  de- 
nounced Washington  assevercly  as  tliey  have  Kiel.  Had  the 
colonies  been  unsuccessful,  Washington  would  ha\  e  been  a 
condemned  traitoi",  instead  of  an  immortal  patriot.  'J'hen 
Would  historians  ha\e  denounced  the  act  of  VV'ashington,  as 
they  have  that  of  Kiel. 

Joseph    Kiel,  brother  of    Louis,  in    a    letter  tf)    tjie    writer. 


f,     ^ 


UI'UUIL  lilEL 


m 


iui(l«r  (late  of  M:iy  (},  1SS7,  <jives  a  full  aiul  coniprcheiisivc 
exj)laMatioii  of  tlu-  causes  which  led  to  the  death  of  Scott. 
The  leltiT  is  in  I'reiich.  The  follo\viii<_;-  is  a  tiaiishition  of  'i 
portion  of  it : 

'•  I  et  anyone  put  lumseK  in  the  ]>Iacc  of  those  chiefs,  and  of  the  youni:;  man 
of  25  year>,  calleil  by  his  nation  to  the  presidency  of  a  yovernnieiii  at  il^  most 
critical  moment;  let  him  consider  all  the  circumstances;  and  the  i-ritalin;^ 
oppositicm  made  to  them;  and  iu'  will  l)e  astonisheii,  that  they  exercised  so 
much  clemency. 

Ne\er  did  IJiiti'^h  histofiaiis  ess;i\'  a  mofe  Sis\  phean  ta-k 
than  this  same  attempt  to  pfodtice  a  inailvr  from  the  raw  ma- 
terial of  a  h:irdened,  a  reckless  thoii<;h  intrepid  riithaii. 

Riel  comj)]aiiied,  tliat,  althouj^h  he  had  ohtained  free  insti- 
tutions for  Manitoha,  he  was  foro^otten  as  thoiij^h  he  were 
(lead.  IJut  for  thi^  one  sad  act,  he  would  have  lixed  an  hon- 
oured life,  the  reco<(ni/eil  chamiiion  of  his  despised  race,  and 
left  ;i  name  scarceh'  second  to  W  illiam  Tell.  Anci  \et  his 
act  was  to  he  excused,  if  not  justitied,  and  would  liaw  met 
with  iini\ersal  approhation,  hut  for  the  fact  thatScotl  wa^  an 
Orangeman. 

If  it  is  ri<^ht,  that  the  Muse  of  llistoi\-  should  castii^ate 
Kiel  for  his  treatment  of  Scott,  the  muse  should  he  im|Kirtial, 
just  aiul  etpial  in  her  chastisements.    In  the  words  of  Macatihiv  : 

"  Tiiere  shnuld  be  one  \veii;lit  and  one  measure.  I 'ociinaiion  is  always  an 
objectional'Ie  mode  of  punishment.  It  is  the  resource  of  judj^es  too  indolent  and 
hasty  to  investi|;ate  facts,  and  to  discriminate  nicely  between  shades  of  i^uilt."* 

l"oi'  e\amj)le,  Louis  Riel  is  condemned  for  I  lu"  shootiiiL;'  of 
Thomas  .Scott,  hut  let  tis  insti'iice  a  few  other  cases. 

.\lexander,  misnamed  the  ( Jreat,  ordered  a  hole  to  hi'  made 
throti^h  the  heels  of  Uetis.  under  the  tendon  of  Achille><;  and 
:i  ro|)e  to  he  passed  throuoh  the  hole;  and,  with  this  rope 
tied  to  a  chariot,  he  catised  the  hr.i\  i'  ijerieral  to  he  drau'ired 
iiround  the  walls  of  (ia/a,  until  he  w;is  dead,  for  no  other 
crime  than  lovaltv  to  his  sf(\  erei'.;n.  This  roval  m;idman 
afterwards  hoasteil,  that,  in  this  affair,  he  had  imit;ited  Achil- 


Kssay  on  I'yron.  • 


S   ' 


.*)(i 


Till-:  Dl.ooh  OF  MIEI.. 


Ics,  wlio  treated  Hector  when  dead,  as  he  liad  treated  Hetis 
while  liviii<^.  This  he-<^oat  of  Macedon,  also  caused  I'ar- 
meiiio,  the  ahlest,  111  avest,  most  faithful  and  most  conservative 
of  his  iifenerals  to  l)e  hntchered  withnut  llie  pretense  of  a  trial; 
and  without  other  testimony  than  a  confession  extoileii,  1)\' 
the  rack,  from  the  craven  lips  of  his  recreant  son.  Alexan- 
der tortured  a  philosopher  to  death  who  hail  the  coura<^e  to 
tell  him  the  truth.  In  a  drunken  lit  he  stahhed  to  death  his 
lifedon<^  friend,  the  hrother  of  his  own  tender  nuise.  Con- 
cubina»j^e,  (lruid<enness,  arson  and  sacrile<4e  were  amonjj;  his 
lesser  faults.  The  onh'  <;ood  achie\  ement  of  which  he  could 
claim  the  undivided  jjlorv  was  the  tamintr  of  a  uilil  horse. 
And  Net  this  demoniacal  wretch,  beside  whose  cruelties  llie 
crimes  of  \cro  and  Robespierre  jiale  intc  the  insi<^nificant, 
Is  pict  nt  ed.  1)\'  histoiians,  as  a  di\ine  hero,  the  ijathliniler  of 
Christianit}-,  who  pa\ed  the  way  for  the  .\jH)stles. 

Napoleon  shot  a  iJourhon  prince  who  ap|)roached  his  bol- 
der; denied  him  counsel  at  his  trial:  and  the  consolations  of 
reliL,''ion  iw  his  last,  moments.  Then  with  the  jjhle^m  of  a 
a  Thu<^,  characteri/ed  the  crime  as  -vashing  himself  in  the 
hlooii  i>!  a  Bourbon.  \'et  Napoleon  founrl  an  apolojjist  in  a 
staid  New   ICnjrland  di\  inc. 

In  the  M-ar  i8.|2  Alexander  Slidell  Mackenzie,  when  in 
coi\imaiid  ()(  the  hri;^  Somers,  had  on  board  a  striplinj^,  of 
eiijfhteen  years,  whose  head  had,  ])roiial)ly.  been  furneil  by 
readinj^"  jiiratical  romances.  This  boy  related  to  a  shipmate 
a  cock-and-bull  story  about  a  conspiracy  to  kill  the  com- 
maiidei',  to  take  the  briji^,  and  con\eit  her  into  a  pirate.  Fhe 
\aloious  cajitain  diil  not  deem  himself  safe  until  the  bov 
Spencer,  and  two  seamen,  Cromwell  and  Small,  were  dan<j;lin<j^ 
at  the  Nard-arm  -condemnetl  on  about  the  same  modicum  of 
testimony,  as  suited  the  re(|uirement^  of  M  ackeny.ie''s  roval 
namesaki'  in  the  case  of  Painienio  and  I'hilotas.  \'et  a  court 
of  in(piirv,  made  up  of  distini;uisli(.(l  na\al  commaudeis,  \v  itii 
( )!d    Ironsides,    the    ^randfathei     an<l     namcs-'ke    of    C'hailes 


1 

1 

Jt, 

lilUlEL  in  EL. 


'^^ 


StevviUt  I'iiriit'll,  a^  a  nu'inbcr,  cxoiifr.ttcd  Mackenzie.  Ills 
jroveniincnl  afterw  aids  IioikhhiuI  hiin  witli  an  important  com- 
mand. 

Licntcnant  Alphcus  W.  (jrecl\,(;f  Arctic  celebrity,  onlcrcd 
one  of  Ills  men  to  be  shot,  perhaps  jiistK.  for  eatinj^f  too  niiicli 
<hnnci-;  and  failed  to  make  an  ollicial  report  of  the  sbootitii^ 
until  it  had  already,  become  a  matter  of  public  notorietv.  ^'et 
his  conduct  in  the  affair  lias  ncxer  been  made  a  matter  of 
judicial  in\  esti'^ation.  1  lis  statement.  <'.v-/)<7;V<',  has  been  re- 
ceived as  trospel  trulii.  lie  has  lieeu  /<•/(</ bv  the  world,  and 
the  present  incumbent  of  the  White  House,  has  appointed 
him  to  a  position  scarcely  second  in  im|)orlaiue  to  the  post  of 
cabinet  minister. 

Alexander,  Napoleon,  Macken/ie  and  (xieeh  are  heroes. 
Hut  Kiel  is  — what  r 

While  the  rebellion  was  in  proofless  the  Kiiiht  Kevereiid 
AlcNander  Tache,  iJishoj)  of  Saint  IJoniface,  \\  as  at  Rome, 
iittendiu<jf  the  (ICcumenical  Council,  assembled  in  the  Aula  of 
the  N'atican.  A  cablegram  summoned  the  j^ood  pastor  from 
the  preparation  of  the  short  catechism,  and  the  constitution 
Dc  I'^idc  Cat/io/ica  to  undertake  a  winter  voya>,^e,  acioss  the 
Atlantic.  I'or  upward  of  a  half  ceiitur\  this  srlijiiue  and  de- 
voted man  had  laboured  in  the  \orth-West.  I'rom  an  oblate 
of  the  Immaculate  Conception,  in  i«S.j^,  lie  had  risen  to  the 
ejiiscopal  di<^nitv.  I  lis  people  knew  him;  and  tlie\  lo\ed 
him.  Deserviuj^  and  j)ossessin<j^  tlie  conruience,  at  once  of  iiis 
people,  and  of  the  Dominion  (Jovernment,  this  noble  prelate 
was,  above  all  others,  the  man  to  ([uell  tiie  present  impleasaiit- 
ness,  'I'he  politicians  had  faili-d.  TiieN'  turned  their  e\es 
toward  Home;  and  in  the  attitude  c)f  I-<thiopia,  beckoned  the 
only  man  who  could  turn  oil  u])on  ttiis  troulWed  >.ea.  The 
Hishop  came.  At  once  a  'rue  patriot,  and  a  faithful  slu'pherd, 
he  knew  that  his  peojjle  IkuI  \\  ronj^s.  Hut  true  to  that  holy 
patriotism  which  the  church  inculcates,  he  had  e\ei  tauj^ht 
them,  that  the  [)o\\ers  that  are,  aie  ordained  of  Cod.      Kender 


\   •' 


!ii 


m 


5H 


yV//-;  /IUH)I)  i)F  Mi  El.. 


to  Ca-sar  ihc  things  that  arc  Cu'sni's.  Hut  curbed  l)i'  he  \vh<> 
iHimoveth  his  nci<;hb()iii''s  laiul-niarUs.  'I'he  Hi-^hop  cauu'  with- 
out any  poHtical  c<>iniiii^si<>ii  in  his  potkL-t.  ^'ct  l^e  broiii^lit 
\\  ith  him  int'iiioriiiiihi  :inil  Irttcis  of  an  olHoial  natmi',  Thfic 
was  j^ivni  to  him  l)y  the  L  aiKuhaii  ^^ox  ^i  mncnt  that  \iu\\  rit- 
tiMi  authority  mo-i  hindint^  ainoiij^st  men  of  hononr.  Smh 
as  <j;o\crns  our  presidential  electors,  and  re^^ulates  love  affairs 
h<'twcen  people  witli  hononrahlc  intentions.  The  arri\al  of 
Uishop  Tachc  in  the  settlement  was  a  new  era  in  the  histoi  v 
of  this  most  awkward  dilhcnlty.  ( )n  the  i.^th  of  March  he 
preached  at  Saint  IJoniface.  The  chnrch  was  crouded.  lie 
connseled  motleration;  assured  his  people  of  the  iLjood  will  of 
the  administiMtion  at  Ottawa;  said  it  was  time  for  the  C'atlio- 
lic  and  the  Protestant  to  lav  aside  tlieir  leliifious  differences 
and  work  for  the  coirunon  <j[ood.  The  effect  of  this  sermon, 
and  of  a  speech  afterwards  deli\ered  before  the  council,  was 
like  maj^ic.  C^niet  was  in  a  measure  lestored.  Kiel  at  once 
released  half  of  Ins  ]:)risoners,  including  Major  Boulton.  The 
liishop  had,  indeed,  triumphed.  lie  had  jiaved  the  wa\  for 
the  bloodless  victory  of  (Jarnet  WoKelev,  that  dont^htv  hero 
of  manv  unfonj^ht  battles.  I'^n<^land  has  been,  rlurin<j[  the  last 
century  and  a  half,  distinguished  f(»r  lu'r  cheap  military  heroes. 
Indeed,  she  has  not  furnished  a  (general  of  the  first  order  of 
merit  since  the  da\s  of  Marlborou<j;h.  The  reader  \\  ill  re- 
member that  Wellington  was  an  Irishman. 

(iarnet  Joseph  W'olseley  was  an  I"2nglishman,  born  near 
Dublin,  Ireland,  June  \,  1S33,  to  which  place  his  familv  had 
removed  from  Staffordshire.  His  father  was  a  major  in  the 
ICniilish  armv.  The  boy  was  educated  at  a  jjrivate  school. 
At  nineteen  he  enteretl  the  army  with  the  raid\  of  ensii^n.  He 
ser\ed  in  the  iJurmese  and  Crimean  wars.  In  the  latter  he 
was  uDuntled  and  received  a  plaster  in  the  shape  of  a  badi^e 
as  knijj^ht  of  the  Le^^ion  of  Hononr.  He  served  durin<;  the 
vSe])oy  Rebellion  and  the  crusade  to  force  oj:)ium  ui)on  China. 
Whether   or   not   this   chivalrous    knij^ht  ever  tied    sepoys  to 


I 


f  l!  ^Il' 


lUmtU.  lilEL. 


m 


' 


the  niOMtlis  of  cannon  and  blew  them  into  eternity,  history 
has  failed  to  record.  It  i*;  altof^cther  likely  that  lie  did.  Such 
acts  were  done  b\  the  Hritish,  and  their  cruelty  wonld  he  c«)n- 
sistent  with  W'olselev's  career  elsewhere.  Tlun,  too,  he  was 
made  a  l)revet  lieutenant-colonel  for  liis  ser\  ices  durinj^  liie 
Scpo\  Rehollion.  lie  h;t>  receiveil  "greater  promotion  for 
•services  less  meritorious.  lie  was  afterwards  Deputy  (^uai- 
tern)as(er  (lencral  in  Canada,  which  j^ost  he  helil  for  sf\  eial 
years,  hein<T  attached  to  the  90th  I'oot.  W'iieu,  at  last,  the 
Macdonald  (»(>\  erinneut  re  s'.lved  upon  war,  (iarnit  WOKeiey 
was  selected  to  lead  the  Ihidsh  forces  to  the  captuie  of  loit 
(iarry.  In  this  canipai^ni  not  a'shot  was  tired.  \'et  the  c;ip- 
tm'e  of  any  empty  fort  was  sutVicieiit  to  earn  foi  <iaiiiet  j. 
W'olstdey  the  rijjjht  to  preface  his  name  with  "Sir."'  This  \  ;il 
orous  knight  afterwards  ilistinguished  himself  in  the  Ashan- 
tee  war,  and  aj^ainst  the  Zulus.  I)urin<^  the  Nile  e\pe<liti(Mi 
to  the  Soutlan,  aiijainst  Fd  Maiidi,  Wolseley  si*jnali/ed  iiini 
self  hy  cuttin<4  chnvn  palm  trees,  fillin<r  uj>  wells  ;  and  thus 
destroyiiiLj  oases  in  th;it  desert  country.  To  char<4e  him  with 
\andalisin  would  he  a  libel  upon  Aleric  and  Albion.  Sir 
(iarnet's  greatest  achievements  have  been  ai^ainsi  n;d<ed  s;i\  - 
ages.  It  WDuld  lie  ditlicult  to  litid  ;i  man  more  thoroughU 
identified  with  every  outrage  which  ICngland  lias  perpetratid 
iluring  the  last  thirt\ -live  years,  which  is  sullicient  to  makt- 
his  caieer  during  that  period  anything  but  an  en\  iahic  one. 
This  competent  military  critic  has  seen  tit  to  express  himself  in 
verv  disparaging  termsof  the  military  career  of  General  (irant. 
i?efore  entering  the  country  Wolseley  sent  bva  secret  agent 
a  conciliatorv  proclamation  to  the  people  of  Rupert's  Land. 
This  document  simpiv  stated,  in  substance,  liiat  I  let  Majesty 
had  resolveil  to  station  some  troi>ps  in  the  countiv.  I'^rom  its 
terms  it  could  not  be  considered  a  war  measure  in  aiiv  sense 
of  the  word.  R  iel  himself  assi^tedin  the  printing  and  cir- 
culating of  this  proclamation;  to  show  his  lovalty  he  had 
hoisted  the  I  niou  Jack  ahove  I-'ort   (jaii\.     Oii  the  sugges- 


!l 


!  :i !! 


ill 


h 


(>i) 


77//;  iuj>oi)  or  Aiii:r.. 


lion  of  Sir  (icorjifC'  ICticiinc  Cnrlici-  In;  was  allowtil  to  ^ovi-rn 
the  country  from  June  _>},  iSyo,  to  the  date  of  the  occnpa- 
lion  ui  I'oit  (inns'  h\  (iainet  W'olselev.  W'hatex  cr  {lesiijns 
others  may  haxc  had,  there  can  l)i- no  donht  hut  thai  ihroni^h- 
out  ''le  entire  (hdiiiihy  Kiel  liad  remained  steadfastly  loyal 
to  his  sovereij^n.     I  le  was  actuated  l>y  the  pure  t  of  motives. 

Hefore  the  ajjproach  of  the  troops  Archbisjiop  Tache  went 
to  Canada;  for  wjiat  j")nr])ose  was  left  to  conjectme.  Some 
said  to  olit.HU  an  amiiest\-  for  Kid,  O'l  )ono«,d)nc  and  Lepine. 
IJul  when  m  the  montli  of  .Aui^nst  LCn<;laiurs  <;<)reless  cham- 
pion arrived,  no  amnestv  was  proclaimed.  The  trio  remem- 
herinj^  that  the  tender  mercies  of  the  wicked  are  cruel,  refused 
to  trust  the  clemency  of  Sir  John  A.  Macdonald.  Wolsfle}' 
intended  to  come  upon  the  I'^oit  in  the  ni^ht-time,  hut  a  rain 
prcNented.  lie  arrived  the  next  day.  As  he  entered  the 
fort  at  oiH'  door,  Kii-!  and  his  two  comiades  left  a.  the  othei'. 
At  one  time  the  pnrsnier  and  jiursned  were  onl\  ihiee  linn- 
dretl  sards  apart.  .A  fei  r\  crossed  the  iVssinnihoine  in  means 
of  a  hasvscr;  this  svas  cut,  |)rol)al'ls-  l>s  Kiel,  to  present  pur- 
suit. Kiel  and  his  tsvo  companions  crosst-d  the  Ked  Kisei 
l''rom  the  hanks  of  Saint  Honifaci-,  t  he  Sarslield  of  the  North- 
West  watched  that  capture  of  a  j^arrisonless  fort,  svhich  was 
to  lift  tlie  depnts  cpiartcrma^ter  to  be  the  (irst  military  hero 
of  a  lirst-cla^s  ss  ar  power.  The  (piarlermaster  svas  elated  svith 
his  sictors.  What  the  feelinj^s  of  the  partisan  chief  weie 
can  ncsi-r  he  told.  Hoilbdil  lookinif  dosvn  upon  (jran:,da  Irom 
tlie  pass  of  the  Alpuxarras  svonld  hardly  fuinish  a  parallel. 
I  Jot h  were  futritives,  hut  Hoahdil  departed  a  broken  and  a 
mined  man,svhile  K  iel,  paradoxical  as  it  may  aj)pear,  fled  a 
sictor  from  the  scene  of  his  triumph.  The  trio  turned  their 
hoiscs   tossard    Pembina,  svhence  Kiel  svent  to  Saint  Joseph. 

'J'he  life  of  I.ouis  Kiel  during  th.e  next  fourteen  years  ssill 
neser  be  ssiitten.  its  historv  would  be  more  tliveisitled  than 
ihe  roman,ce  of  (Jil  iilas,  and  hardls  less  enterlainin;.^.  i>ut 
it  is  not  the  task  ss  Inch  the  author  has  essayed. 


H  Eli  EL  RIEI.. 


61 


f)ii  tlic  2(1  of  September,  1870,  ArchibaM  siu\ee(le<l  Mac- 
(louj^all,  as  LieiitenaiU-Cioveinor.    Tliouj^li  AicliMsliop  Taclie 
had   pledj^ed   the   honour  of   the  athiiinistralion   for  the  am- 
nesty of  all  offences,  inchi(lin<^  the  nuirder  (  r  )  of  Scott,  yet  no 
amnesty  was  ;^ranted.      In   tlie  year    iN-i    ihe  I'enians  were 
phiiminif  a  raid  upon  the  Dominion.      'I'hey  wire  in  I'emhina. 
Wherever   Kiel's  sympathies   may    ha\e   heeii,  lie  showed   a 
firm  purpose-  to  keep  faith  with  the  j^on  eminent,    i.ieiitenant- 
(io\ciiioi'  Arihihald  called  U  iel  from  ohsenrity  ;  ;:n(l  pied^^cd 
him  piotection.      The  old  leadei  came  forward,  like  the  re^n- 
cide,  in    Ne\\'  I  Ji;^dand.  during    Kiu'^  1  Miilip's  \V';n'.      I  le  was 
the  man,  of  all  men,  who  had  the  ear  of  the  i'lench-sjieakin}^ 
peo))le  of   the   province.      Kosciusko  was   liardK   more  to  the 
I'ole^of  Napoleon's   time,  than  was  Louis  Kid    to    llic    h;df 
l)reeds  of  Mauiioha.      It  was  a-^  tiiou^h  Andrew   )ackson  had 
risen   from   the  dead,  anil  was  smr<iunded    li\'  the   pvii  who 
fouji'ht  under  him  at  Horseshoe  lUiid.      Kii'l  r  ii>i(l  .1  IkxIv  of 
two   hundred   and   liftv  nun.       The  Lieutenaut-(  io\i-iiior  ac- 
cepted   Kiel's   services;    and    leviewed    his   troops.      IK-   even 
prai>ied  his  lo\altv.      lint  how  was  that  loyal!  v  repaid.-     And 
how  was  the   promise   of   protection    kept?      Hardly  was   the 
daui^er   past  when,  in  the  i-ariy  da\s  of  ()ctoher,  a  rewaid  of 
ti\e  thousand  ilollais  wasutfered  foi  the  ancst  of  Kiel.      The 
promised   amnesty   was   never   jirocl.iimed    until    April,  1^7^^ 
j^ud  when  it  came  it  found  Louis  Kiel  .:m  outlaw,   -o  declan-d 
seven  months  hefore  upon  a  judt^ment  entered  because  of  his 
failure  to  appear  and  answi-r  an  indictment  which  char;^ed  no 
Offense  whatever.* 

In  the  year  1872,  an  election  was  alH)ut  to  take  place.  The 
administration  wcie  anxious  to  ha\e  Kiel  out  of  the  country. 
In  tlic  month  of  Fehruarv  Archbishop  Tache  visited  the  ex- 
chief  at  Saint  \'ital;  and  tried  to  iiuluce  him  to  leaxe  the 
country.    Through  the  j^ersonal  iidlueuceof  the  man  to  whom 

*  I  refer  the  reader  to  Appendix  H  tor  the  Ibrni  of  this  iiidittiiit'iit ;  and  to- 
Houvier's  Law  I)ictii)naiy  for  an  explanatiun  of  ilie  nieaninu  of  •'  Oiillawry." 


'»! 


!^l 


I! 


Ill* 


77//;  IU.ni)l)  nr  Mu:i.. 


I  ' 


5  ! 


lu'  owed  r\  fi\  tliiM<4.  Kill  was  indiKcd  t')  iicct'pl,  ;is  an  in- 
ik'iniiitv,  f"»ii  lumdifd  p'»imds  thrL-i'  lumdicd  foi  hinisi'lf, 
sindoiic  lumdird  foi-  his  family — .ind  Um\c  I  Ik-  country.  This 
he  did  ;)i()hal>ly  with  about  the  sa nu'  thouj^ht  as  ju^ui  tha  left 
Rome.  Tlu'  MiMiiey  received  hy  Kiel,  at  this  time,  has  l)eeu 
called  corruption  money.  If  so,  it  reflects  as  little  ctedit  on 
the  doinn-  as  upon  the  leceiver.  IJnt  Kiel's  account  of  the 
affair,  as  well  as  his  subsecpient  conduct,  sh(»ws  that  he  did 
not  so  rej^ard  it. 

I'or  more  than  :i  century  American  children  have  been 
tau^jlil  to  rej,fard  I'auldin;;,  Williams  and  Van  Wart,  the  caj)- 
tors  of  Major  Andre,  as  honest  patriots.  I»nt  there  is  more 
evidence  of  their  corruption  than  there  is  against  Kiel. 

I'ublic  opinion  forced  K^iePs  return  from  exile,  and  he  wa>- 
present  at  tlie  election,  lie"  was  a  candidate  for  Parliament. 
His  election  was  conceded.  Sir  (ieorj^e  Mtienne  C  artier  was 
lieaten  in  Montreal,  by  one  Jette.  Kiel  was  asl<e<l  to  stand 
back  for  Sm' (»eor<);e  to  he  returned  for  l*i()\  encher,  as  the 
district  was  called;  and  he  did  so.  It  was  about  this  time,  that 
Jiid^e  Dubo  chiistened  K  iel  »•  David  f  and,  afterwards,  Kiel 
used  the  name.  The  record  of  his  naturalization  beats  the 
sij^nature  "•  Lotp  !)a\i(l  Kiel."  This  name  was  bestowed 
upon  him  because,  like  the  second  kinij  of  Israel,  he  hid  him- 
self awa\-  from  those  who  sou<i^ht  his  life. 

Kiel  was  thrice  returned  to  I'ailiament.  The  lirst  time  in 
October,  1S73,  by  acclamation.  It  was  during  this  campai»i;n 
(as  we  Americans  would  call  it),  that  ajrents  of  Sir  John  A. 
Macdonald  soujjht  out  the  e\-chicf  skulkinij  in  the  woods, 
awaiting  his  election  to  Parliament.  Most  jioliticians  are  cynics; 
and  .Sir  John  A.  Macdonald  was  no  exce|)tion.  The  fjreat 
premier  had  a  supreme  coniivlence  in,  as  he  had  a  sovereign 
contemj)t  for,  the  venality  of  tnankind.  .Sir  John's  a<;;-ents 
offered  Ricl  $33,cxx)  to  leave  the  country  for  three  years. 
They  told  him,  fm'ther,  if  that  was  not  enough,  to  state  what 
he  wanted.     They  offered  to  pay  his  exjicnses  to  Europe,  or 


in:  III' I.  in  EL. 


K\\\ 


to  any   part  of  tin*  svoild.      Iliit  this  man,  whom  his  tiicmics 
have   chary^fd   with   htiii'^'    a  xciial     inficciMiN ,    ti'fii^r»l    ihi* 

offlT. 

Uii'l  was  icliiiiK'd  aj^aiii  in  Jamiaiy  of  the  foih)\\in;;  year. 
At  this  time  the  feeUn^  in  Ottawa  was  intensely  aj^ainsi  him. 
The  puhhi  fnmr  was  at  fever  heat,hecansc  of  the  shootinj; 
of  Seott.  lie  dill  not  attempt  tt»  sit  in  I'arhament.  In  the 
month  of  March  he  appeared  sudilenlv  and  mysturiouslv  in 
the  clerk's  room  at  Ottawa,  signed  the  roll  of  memhership, 
ill  that  characteristic  antojjra|)h,  ne\er  to  he  mistaken:  and 
then  he  \anished  like  an  nnsnlistantial   pa<^eant  of  a  \  i^ion. 

r)n  the  iMli  dav  of  the  followin;^  month  he  was  expelled 
the  House,  hy  a  \  ote  of  124  to  6S.  Many,  wiio  xoted  •■•  aye" 
on  that  memorahle  day,  and  e\en  at  other  limes  ur<_j('d  the 
extradition  of  Kiel  fron)  the  I'nited  States,  as  a  nmrdeiei , 
have  since  attempted  to  rehniid  tlicir  party  editiie,  with  llie 
scaffold  of  Rejj;ina  for  the  chief  corner-stone,  lie  was  re- 
turned for  the  last  time  in  Septemher,  iSjf.  , 

In  the  year  1S75  K-icl  was  banished  for  fi\e  years.  Diiriny^ 
this  time  he  resided  noniiiiaHy  in  the  I'nited  States.  In  tlie 
seal"  i^>7|  wi'  lie. II"  of  him  at  \\  Ooiisockel,  K  hode  Island, 
where  he  spent  a  week  with  an  aunt.  In  tlie  autumn  of  1S7S 
we  fnul  him  in  W'ashinjjton,  whitlu-r  he  had  ^^nu'  recom- 
mended to  Major  Ivhnund  Mallet.  A  friend  who  s.iw  him 
ahont  this  tiuie,  thus  descrihcs  him  in  a  letter  to  the  author: 

•'Kiel  was,  in  every  way,  a  perfect  peiil'.cmnii.  He  |)osses.seil  talents  fur 
leaderbhip  found  in  Imt  few  men.  lie  was  horn  n  liberator.  William  '  >'I5rifn 
now  in  Canada  ai)i>cars  to  me  to  lie  sucli  a  man  as  Rid  was.  He  was  one  ol 
tluise  most  polite  men  I  ever  knew.      His  conscience  was  as  lender  as  a  sister 

ol  charity's The  man  was  not  of  the  world       He  was  like  a  monk  in 

it;  c.rir// that  ho  was  like  a  true  kni^hl  when  tlie  i|iiestion  oi  the  Meti.-  jie.iple 
was  involved.  " 

At  the  time  Riel  came  to  Washiiif^ton  he  considere<l  him- 
self absolved  from  every  oblio;ation  to  tlie  Dominion,  that 
j^overntnent  ha\  iiiff  refused  amnesty  to  Lepine.  and  \  iolated 
other  pledj^es.      The  object  of  hi>>  journev.  and  the   then  ion- 


1 1 

1! 


;> 


%■ 


'■'  r«i 


i    I 


64 


77//;  lu.ooT)  OF  Alu::.. 


slant  lahcnir  of  this  enthusiast,  was  to  wrest  Manitoba  from 
the  Dominion. 

I'^xcessive  toil,  hittei' disappointment  and  Ljallinj^^  p(i\ertvso 
wr(ni}^ht  upon  his  sensitive  natiue  that  rr:i -in  was  ditlnoned. 
He  had  eome  to  Washin^jton  with  one  tlioiisand  dolhu's,  the 
donation  of  a  'vealthv  Canadian.  In  tiie  space  of  several 
months  he  had  j^i\en  this,  piece-me  il,  to  ■•  hUnd  itahan  hei(<;ar 
wlio  sat  daih'  in  front  of  the  !*resl)vterian  chnrch  on  Ninth 
street.  'I'lius  was  this  hij^li-minded  and  <;ene:'ons  patriot  re- 
thieed  at  once  to  niathiess  and  pemir\  in  a  ''trainee  citv.  I>nt 
(lod  jMOvided  a  friend.  Kiel  was  possessed  of  the  delusion 
thai  he  must  die  f(;r  the  .val\  alion  of  his  laee.  Major  Mallet 
tooK  forcible  possession  of  Ids  person.  Hut  lindinL;  him 
mone\li-ss,  he  was  compelled  to  bnrj-ow  cash  from  leather 
Keane,  now  iiishop  of  Kichmon;l,t()  rcMio\  l'  the  nnfortnnate 
North.  Kiel  remained  for  nineteen  months  at  the  IJcaiiport 
lunatic  asvhnn  in  the  prt-\  inee  of  (^iii.l>ec. 

I  lis  ailment  was  meij^alomania.  This  word  is  not  fouiul  in 
the  dictionai  ies.  It  is  dcrl\ed  from  two  (  rieek  words,  nu'oal(\ 
j^reat,  and  n/atn'a^  madness.  It  is  a  most  pecuhar  and  deiep- 
ti\e  form  of  insanitv.  Its  \ictim  mi^ht  easLl\-  pass  for  a  sane 
person  amongst  the  iinobser\  ant.  The  perso!>  atllicted  with 
this  niental  disoiiler  imajj^ines  himself  charj^ed  w  ith  some  *;rea'. 
mission  and  alt()<;ether  a  most  important  j^erson. 

Kiel  was  incarcerated  uniler  the  name  of  La  Kochelle.  lie 
remained  under  the  treatment  of  the  medical  ^uperint^ndent, 
Doitor  Francis  Ko\-.  utuii  he  had  recovered,  lie  vva>  dis- 
cliart^ed  from  the  as\  Inm  Januaiv  21,  iSyS,  Doctor  Rav 
found  his  ease  a  most  peculiar  one,  and  one  reipurin^;  careful 
treatment.      To  this  <jeutlenian  Riel  et)nfesseil  his  true  name. 

The  American  Annuid  Cvclopa-dia  for  18S5, insinuates,  that 
Riel  mii.dit  have  been  confineil  at  iJeaupart  for  the  purjjose 
r)f  concealment.  Such  an  insinuation  bf,>travs  the  extreme 
stupidity  and  iijnoraiue  of  the  writer.  Riel  was  j)lace(l  in  the 
asylu'm  b\   tlie  pr(nivional  '.^'overmiient,  upon  the  certificate  of 


UEUEL  HI  EL 


tij 


its  cxamininj:;  pl\vsiciaii.  The  laws  tht-rc  aio  \cry  strict  to 
prevent  the  incarceration  of  j)crsons  other  than  actual  hniatics. 
Major  Mallet  of  W  ashin<(toii,  considered  him  insane  at  that 
time,  from  actual  personal  knowledge.  The  oj)inion  of  this 
intelli<;ent  Christian  gentleman  is  worth  that  of  one  hunilred 
of  Sir  John  .A.  MacdonaUTs  mercenaiv  sycophants. 

On  the  dischar<;e  of  Kiel  from  Heaupoit  Avshim  hi-  revis- 
ited Washington,  and  related  his  treatnujit,  as  an  insane  pa- 
tient to  his  alter  ciro^VAnwwvK  Mallet.  Ilissi-cond  sojouiii 
al  the  capital  was  less  protracti-d.  There  can  he  little,  if  anv, 
douht,  that  his  recovery  was  complete.  In  1S78  he  appears 
as  a  farmer  at  Saint  Joseph,  Minnesota,  where  he  remained 
about  a  year.  'In  1879  he  removed  to  Montana.  Here  he 
married  a  half-hreed  girl  named  Marguerite  Bellimense,  by 
whom  he  had  two  children.  The  ilrst  of  these,  John,  was 
born  May  9,  ii>8j,  in  a  prairie  home  on  the  banks  of  the  Mis- 
souri. This  son,  though  -'  born  in  the  Utiited  States  and  sub- 
ject to  the  juiisiliction  thereof,''  was  tlie  child  of  an  alien. 
The  father,  with  characteristic  delicacy,  had  refused  to  become 
an  American  citizen  while  his  term  of  banishment  continued. 

Afterwards  he  ileclaietl  his  intention  to  become  an  Amer- 
ican citizen.  In  the  m(Jiith  of  March,  1863,  he  ^^pp''*-'^'  to  the 
(.listrict  court  of  the  United  States  at  Helena,  Montana,  and 
on  the  sixteentli  day  of  that  month  he  l»ecame  a  citizen.  Levi 
Jerome  and  I^.  L.  Meirill  (full  C"hristi;iM  name  unknown) 
appeared  as  witnesses. 

Inuring  the  same  year  Riel  lemoved  to  Saint  Tctei's  Mis- 
sion, abandoned  trapping,  b\  w  hich  he  had  gainetl  a  preca- 
rious li\elihootl,  and  settled  d(;wn  to  school-teaching,  under 
the  direction  of  the  Jesuit  fathers.  It  was  at  this  place  tiiat  his 
little  daughter,  Mary  Angelica,  was  born,  September  ij,  iSS^;. 

As  the  last  part  of  this  volume  will  be  devoted  to  Riel, 
considered  as  ai\  American  citi/en,  perhajjs  there  is  tio  bcttt;r 
time  tnan  the  present  at  which  to  estimate  the  man  in  the 
absttact. 


, 

, 

y 

'    1 

1 

!! 


if  4 


i 

it 

^p 

) 

aK  1 

i  ' 

■j 

{ 

w 

s 

1 

\  1 

1 1 


■;i|i|i 


<;<) 


Tin-:  lii.non  or  Aiu:r. 


The  usual  method  of  v\ei<jhin(^  puhlic  characters  is  to  adopt 
as  a  standard,  or  unit  of  measure,  some  person  who  lias  passed 
into  history.  Burton  says  that  comparisons  are  odious.  Ben- 
jamin V .  liutler  put  it  milder:  "  Analo^jies  are  ever  false  and 
illusory."  A  comparison  ilrawn  hetvveen  different  men  is 
often  ridiculous  and  t<^o  often  distrusting. 

L'or  example,  we  have  the  stroUinj^  rene^rade,  John  Baptist 
Clootz,  comparing  himself  to  the  great  vScythian,  Anacharsis, 
and  even  assuming  his  name.  The  assassin  of  Ahraham 
Lincoln  likened  himself  to  William  Tell.  A  certain  woukl- 
he  historian  tried  to  compare  the  fiasco  at  I'ort  Gany  to  the 
surrender  at  Sedan,  which  occurred  eight  days  later,  and 
thou<;ht  (iarnet  \Volsele\  a  Von  Moltkc.  There  was  once  a 
man  who  could  trace  in  Andrew  Johnson  a  resemblance  to 
Cato.  The  trustees  of  Washington  College,  N'irginia,  have 
linked  the  name  of  Robert  E.  Lee  with  one  tliat  is  a'«\nonym 
for  purity,  j)atriotism  and  justice  throughout  the  woild.  This 
is  about  as  appropriate  as  would  he  the  coupling  of  the  names 
of  Absalom  and  Robert  Biuce.  When  Horatio  Seymour,  a 
\erv  respectable  gentleman  of  no  ordinar\  ahilitv,  was  nomi- 
tuited  for  president  of  th<!  United  vStates,  some  newspaper  cor- 
respondent compared  him  to  Cicero.  James  Anthony  Froude, 
the  miserable  apologist  for  I'2nglaiurs  misgovernment  of  Ire- 
land, thought  Julius  Ciesar  resembled  Jesus  Christ.  This  is 
the  man  who  ca.Ued  Daniel  O'Connell  an  empty  demagogue. 

Such  comparisons  have  not  been  w^anting  in  the  case  of 
Louis  Kiel.  Why  not:  They  serve  to  rounil-off  a  period. 
But  truth,  anil  not  rhetoric,  is  the  object  of  this  little  book. 
Riel  has  been  compared  to  John  Browp,  to  Rochejatiuelein, 
to  the  Young  Pretender,  and  to  everybody  else  whom  he  did 
not  resemble.  Such  atudogies  are  the  resort  of  oratorical  his- 
torians who  are  too  lazy  to  delineate  character. 

A  friend  says  that  Riel  was  Joan  of  Arc  and  I'onl'ac  coin* 
bined.  This  comparison  is  a  nearer  approach  to  justic  >  than 
anv  it  has  been  the  authorV  gootl  fortune  to  hear  or  tt)   read. 


in: hi: I.  ini:i.. 


()7 


I"' 


The  truth  is,  that  e\ery  man  ha>  !iis  separate  indix  ithiality, 
anil  there  is  seldom  ans'  real  lesemhlance  between  men  of  dif- 
ferent nationalities  or  even  separate  families.  Two  distinct 
])artieles  of  matter  can  not  till  the  same  space;  two  distinct 
characters  can  not  act  the  same  part  in  the  drama  of  human 
history.  Could  we  apjiroach  the  Milky  Way  its  stars  would 
become  distinct  entities;  the  sjiace  between  them  would  widen 
imtil  what  resembles  now  a  fleecy  cloud  would  l>c  a  vast  sys- 
tcp.i  of  worlds,  or,  perhaps,  a  myriad  of  systems,  with  almost 
inconceivable  space  between  its  rolling  orbs.  So,  too.  with 
individuals.  \\c  may  see  twi>  men  who  ajjpear  to  be  alike 
in  every  particular.  Insj)ect  them  more  closely  and  tiie  like- 
ness departs.  Alexander  and  Charles  X  1 1. ;  Ciccrt>  and  liurke ; 
Washington  and  Epaminondas;  Clootz  and  Train,  each  and 
all,  were  men  of  distinctive  individualities,  resembling  each 
other  at  a  distance;  but  appearing  unicpic  in  tlu'ir  j>ersi)nal 
characteristics  upon  a  closer  inspection. 


Rochejatjuelein  and  Cliarles   Edward  were,  each  of  thei 


n. 


relics  of  a  defunct  royalt\  ;  while  Kiel  was  tiie  champion  of  a 
despised  race.  Kiel  will,  undoubtedU  .  fill  a  space  in  Can- 
adian historv  similai  to  that  of  John  IbDwn  in  American  his- 


torv 


Yet   \ 


ipoleon  said  that   histor\-  it   but  a  sciies  of  lie^ 


vv 


agreed  u{)on.  John  IJrown  was  an  illiterate  man  of  fe 
words,  who,  whalexer  may  be  said  of  his  judgment,  had  not 
about  him  one  scintilla  of  seHlshness.  Kiel  liad  leceived  a 
classical  education;  was  somewhat  loipiacious;  and  was  ;!ctu- 
ated,  in  main,  In   the  mos 


t  irenerous  of  imijulses 


The 


position   which 


Kiel 


IS  entitled-to  m  !iist(M\- 


aiK 


1  h 


is 


relations  to  the  government  under  wliich  he  lived,  resemble 
those  of  Ethan  Allen.  \\o{\\  these  men  fought  for  the  riglils 
of  settlers  to  their  laml;  each  contended  against  a  horde  of 
grasping  land  pirates  who  were  fostered  by  ICngland;  whose 
entire   law  of  tenantry  is  but  a   bat  baric   relic  of   feudalism; 


eact 


was   made   a   prisoner,  and,  too,  while   leadintr 


!■ 


rench 


aiiatlians  against  British  soUliers.     Each  of  these  founiled  a 


i«: 


:i 


\ 


-' 


. 


i 


it. 


I  ■  I 


OH 


TIN:  liijxn)  or  ahfj.. 


provincial  or  Male  <^o\  crninciit,  tliou^Hi  not  a  nation.  Rid 
contended  for  what  was,  not  only  a  jnst  claim,  but  a  plain 
Ie<;al  rijrht.  Allen  foM<^ht  for  what  was  jnst,  but  he  met  with 
force  and  chastised  ''with  twijrs  of  the  wilderness"  otbccrs, 
charjj^ed  with  the  enforcement  of  the  decree  of  a  court.  Hotli 
Allen  and  Kiel  were  siiccessfid.  lint  the  latter  died  as  a  con- 
demned traitor;  the  other  has  been  justly  honoured  by  havinjj 
hts  bust  placed  in  the  oUI  hall  of  representatives  as  one  of  wo 
w  honi  Vermont  deli^^hted  to  honour.  Moth  Allen  and  Kiel 
speculated  with  religion.  Aside  from  Allen's  peculiar  reli- 
ijjions  views,  and  his  outra*^eous  jjrofanity,  there  is  little  in 
his  life  which  does  not  excite  our  enthusiastic  admiration. 
R  iePs  j)iivate  life  was  frie  from  vices.  Vov  one  puldic  act 
he  has  been  condemned.  L  nfortunate,  indeed,  is  he  who,  at 
twenty-fixe  years  of  a»e,  rises  from  the  position  of  a  {grocery 
clerk  lobe  the  ail-but  desjjotic  ruler  of  his  people.  Hut  fort- 
unate does  he  bci ome  who,  ha\  inuj  thus  risen,  commits  but 
one  act  of  folly,  j^reat  lhou<;h  that  folly  be. 

'iMie  Encyclopa'dia  Britannica,  in  its  article,  "  Ked  River," 
devotes  less  than  a  do/en  lines  to  Louis  Kiel  and  his  life 
work.      It  runs  as  follows:  >  ^ 

"  At  tile  transfer  of  territorial  jurisdiction  to  the  Canadian  government  in  1S69 
tlie  lloisl'.rnk's,  under  a  certain  T.ouis  Kiel,  (son  of  a  Frenclnnaii  who  had 
built  the  first  mill  on  the  Ke<l  River),  revolted  and  lieclared  an  independent 
repulilic*  Colonel  (now  I-ord)  Wolseley  was  despatched  with  a  forcei  of  1,400 
men  and  without  Moodslied  took  possession  of  Fort  ( larry  on  the  24th  of 
August,  1S70.  I  he  only  striking;  feature  of  the  expediyon  was  the  remarkahle 
enei;t;y  with  \^  liich  the  ilitl'iculties  of  traiisjxntation  were  overcome.  Kiel  in 
1SS5  became  the  leader  of  anotliCr  unsuccessful  insurrection  of  half-breeds  in 
the  same  rej^ion." 

At  first  blush  it  would  seem  an  easv  task  to  write  histor\ . 
lUit  experience  sliows  the  twelve  labours  of  Hercules  to  be 
li<^hter.  Look  back  at  the  foregoino  account  of  Riel  from 
the  Encyclopa'dia.     Then  compare  it  with  another  account. 

''•  L'ntrue,  as  the  reader  will  remember,     it  is  tluis  tiiat    lory  Kiij^laiid,  after 
choking  a  man  to  death,  lies  over  his  corpse. 


il 


REBEL  HI  EL. 


\\\) 


There  was  once  a  man  iiametl  Tacitus.  lie  was  a  <rreat 
man  loo.  He  wrote  the  history  of  the  reign  of  an  emperor 
called  Xero.  In  his  account  of  the  tire  in  Rome  which  oc- 
curred iluring  that  rei<^n,  the  historian,  s[K'aking  of  theChri^.- 
tians,  say>:  ''  The  author  of  that  name  was  Lhiist,  who,  Ti- 
herius,  l)eing  empoiei,  h\  tiie  Procurator  i'ontius  Pihite, 
suffered  deatii."*  Thus,  witli  a  single  dash  of  the  pen,  did 
the  wisest  man  of  liis  day  and  generation  i)ass  In  a  name 
which  it  would  he  hlasphemv  to  compare  with  any  name 
gi\en  under  llea\i'n  or  among  men,  I'v  rants  can  make 
lawsfthey  can  hang,  and  they  can  crucify,  hut  the  chroniclers 
wh(»  record  their  ileeds  can  not  make  liistors-, 

*  /'iicifu.u  Aniiii/.,  .\l\,  ./y.     See,  too,  Carlyie's  Kssay  on  \'oltaiie. 


i 


i 


.^*. 


■< 


.ill 


H 


The  Blood  of  Abel 


PART  THE  THIRD. 


CITIZEN  RIEL. 


^ 


Civis  Americanus  Fuit. 


i 

i.| 

.^ 

'   I 

if 


I 


111 


THE  BLOOD  OF  ABEL, 


Part  the  Third. 


CITIZEN  RIEL. 


"  Is  man  lik*'  a  vegetable,  a  fossil,  that  he  iiuinI  belonj^  to  a  lied  of  loam,  or 
marl,  just  as  he  happens  to  originate?"  —[///(;//  Hkttrv  lira,  k^iiri  •  .-. 

SALLr  ST  ami  Saint  I,,iikf  haNc  peipcliiaicd  l\\  oi. 
lions,  the  i^reatcst  of  their  kiiui.  The  one  wa'  •)(.  "ii 
h\  a  jmlj^c  to  ills  associates;  the  othei  h\  a  j)risoi>er,  it'i 
chains  oti  his  hands.  When  the  iiiiestion  of  punis'  nent,  in 
llie  case  of  the  Catihnian  conspirators,  was  before  th«.  .\  )niaii 
Senate,  Ca-sar  adchessed  that  l)od\  .  1  lis  speech  on  that  occa- 
sion !•>,  with  the  sin<;le  exception  of  I'aiii's  defence  before 
Ao-ri()pa,  the  finest  forensic  arormnent  on  record.  The  great 
Roman  began  his  address  as  follows: 

"  It  behooves  all  men,  ()  ('onscript  l-athers,  who  (lelil)cratL'Con(t.rniii>j  doubt- 
ful matters,  to  he  free  from  hatred,  frieiulshiii,  anj^crand  pity." 

Tliiis  doth  it  become  one  to  Ik-  who  wcuiid  speak  upon  llie 
case  of  Louis  K  iel 

This  is  no  paitN  panijihlet.  The  wiiter  speaks  as  an  .\mei- 
ican  to  .\mericans.  ()n  the  lOth  ila\  of  November  of  the 
year  iSS^,  Louis  Kiel,  an  .\merican  citi/.cn,  wa>  hanged  at 
Regiiia,  in  the  North-West  Territories,  within  the  Kcain:  of 
Her  Britannic  Majesty,  foi  iiigh  treason  against  the  crown 
and  dignitv  of  the  C^neeti  of  (Jreat   Britain  and  Ireland.      The 

*  Sallustii  l^ellum  ('atilinarium,  1.1. 


II 


k 


t 


Pi 


74 


/•///•;  jtijKih  or  Ml  HI., 


i 

i 


I 


.ittciitioii  of  I'rcsidint  Clcvflini'l  and  Sfcrctai y  Ifayaiil  was 
called  to  till-  facts,  l)Ut  tluy  rt-fiiscd  to  act  in  the  i'  attcr.  The 
Secietary  of  State  did  not  consider  the  matter  of  Milhciint 
nnportance  to  be  inentioiie«l  in  his  annual  rej)ort.  Was  this 
inaction  of  the  I'nited  States  j^overnnient  jnstilied  hy  the  facts 
in  the  case?      The  ^ohitioii  of  this  prol)leni  is  the  snhject  he- 

folf   us,  • 


I- 


or  the  purpose 


of  this  vohnne   it    hoots  little   thai    Louis 


Kiel  was  Catholic  or  rrotestani ;  that  lie  was  of  French  or 
«»f  (jeriniinic,  or  of  Indian,  or  of  Irish,  or  of  vSwedish  extrac- 
tion; that  he  was  patiiot,  fanatu,  iniposter  or  niadnian.  l-'oi 
snch  purpose,  it  matters  not  whether  he  he  consiilered  a  John 
Brown,  a  Count  Cat{liostr(»,  an  Anacharsis  Cloot/,  a  Don 
Quixote,  a  (Jeorjje  I'rancis  Train,  or  a  William  Tell.  ( )ne 
proposition  is  heyond  cavd:  He  was,  at  his  death,  an  Amer- 
ican citi/en.  That  undisputed  fact  stamped  upon  him  a  tli^- 
nity  which  neither  race,  religion,  character  or  condition  could 
obliterate.      Cii'is  Annrica^ius  fuit.      Forget  all  beside. 

Whether  it  be  termed  a  freak  of  Nature,  or  one  of  her  laws 
of  wliich  men  talk  mui'li  and  know  nothinj^,  it  is,  in  either 
event,  a  continucnisly  recurring  fact,  that  offspring  do  not  par- 
take in  ecjiial  proportion,  of  father's  and  mother's  character- 
istics. Though  always  resembling  both,  in  a  certain  ilegree, 
the  child  will  hear  the  likeness  of  one  more  than  the  other. 
Mulattoes  show  more  strongly  the  peculiarities  of  either  Af- 
rican or  Caucasian ;  Zambos  of  Negro  or  Indian;  and  half- 
breed  of  Caucasian  or  aboriginal.  There  are  few  exceptions 
to  this  rule.  So  il  may  be  regardeil  as  a  part  of  the  law  of 
Hereditary.  vSome  of  the  half-breeds  of  the  North- West, 
from  their  fair  comjilexions,  Celtic  features  and  suave  de- 
meanor, might  easily  be  mista':en  for  Frenchmen;  while 
others  have  the  physical  and  fnental  characteristics  of  their 
S([uavv  mothers.  Even  the  educated  Indian,  whate\er  his 
opportunities  to  embrace  civilization,  has,  almost  w  ithout  ex- 
ception, gravitated  to  the  ////  and  the  breech-clout.     Samson 


i  iTi/s/:\  iin:i„ 


7ft 


Occom,  the  WhittlcKl  of  tlio  forest,  ri'tiiMu*<I  to  tlu-  native 
savagery  of  his  r;K'c',  like  .i  »h)}^  to  his  vomit. 

After  the  revolution  in  M;initol)a,  there  were  many  strikinj; 
examples  of  this.  'I'he  rel)els  haii  secured  tlu  concession  of 
their  deinands.  The  government  issued  ne^oliahle  land- 
scrip.  The  Celtic  half-hreeds  -.ettled  down,  in  theii  new 
j)ro\ince,  to  aj^ricullure  and  (|uietude.  IJut  the  nomadic  ones, 
Ksau-like,  sold  their  scrip  to  speculators;  and,  lindin*;  them- 
selve*»  crowded  hy  advancinj^  civilization,  inoM-d  to  the  wild 
West,  ami  joined  friends  and  relatives  who  liad  j^'one  l)efore 
in  trapj)in}jj  thi'  heaver  and  huntinj^  tiie  huff. do.  Tlni^,  upon 
the  hanks  of  the  Saskatcliewan,  principally  alon<;  its  south 
hranch,  hetween  its  confhience  with  the  northern  anil  a  point 
U})oii  the  southern  hranch,  in  line  with  the  eP^ow  in  the-  north 
l)ranch,,  there  j^rew  up  a  settlement  of  haT-l^reeds  wlio  were, 
nearly  all  of  them,  immigrants  from  the  couniry  alon<^  the 
hanks  of  the  I<-cd  and  Assinnihoine. 

In  western  America  civilization  makes  '^ij^'anlic  strides  in 
a  few  vears.  It  would  he  hardly  exaj^f^eration  to  say,  that 
the  ]>uffalo  is  as  inuch  a  thin^  of  the  past  as  the  mastodon. 
Trajiper  tales  read  like  the  stt)ry  of  K^omulus  and  Uemus. 
Most  of  the  half-hreeds  in  the  Saskatchewan  countrv  accepted 
the  inevitahle.  They  settled  clown  upon  the  land  which,  as  it 
was  remote  from  civili/,ati(»n,  iu»  one  wanted.  It  is  a  stranj^e 
l>ut  true  paradox,  that  [loverty  is  the  father  of  propertw 
There  can  he  no  properly  in  air  hecause  there  i>!  plenty  of  it, 
ecjually  distrihuled  all  over  the  world.  It  is  a  truism  of  the 
C.'ojnmon  Law  of  I^njjfland,  that  there  can  he  no  piopeitv  in 
water.  This  is  true  simply  hecause,  that,  wherever  that  law 
has  prevailed,  there  has  heen  plenty  of  water.  But  Eniijland's 
law  of  land-tenme  and  landed  estates  is  the  most  comj)lex  part 
of  hey  jurisprudence.  Why  is  this?  IJecause  her  territory  is 
small  and  densely  populated.      Her  people  aie  Iand-hun<<ry. 

When  the  patriarchs  inhahited  Syria,  land,  except  in  the 
civilized   portion,   was   worth    nothing.      Metes  and    l)ounds 


,i 


I! 


I'  I 


98 


'////;  /;aoo/>  (>/•  Mu:i.. 


vvric  imkMowu.  Tlic  only  rcconkil  l:m(l  purcliJisc  i>  thcsali- 
of  tlu-  (loiililc  cave  as  a  Inirial-phuf  f(M  Sarah,  lint  tlu-  sfi\  - 
ants  of   Isaac   aiul  (icrai    stroxc  for  the    posst'ssioti   of    two 

Wflls. 

So  in  the  primitive  «hiys  of  the  Norlh-WcNl,  hmd  was  ph-n- 
teoiis.  To  use  the  vernacnhir  of  the  West,  the  half-hieecU 
"squatted  upon  chiims."  'J'hey  cleared  away  the  forests, 
tore  up  stumps;  remove*!  the  rocks;  ploughed  the  eartli,  and 
made  the  desert  to  hlossom  like  the  rose.  After  thev  iiad 
huilt  themselves  homes  in  the  wilderness,  the  coal-l)eds  of 
the  Saskatchewan  wen-  discovered  to  he  profitahle.  I'hen 
came  capital.  The  res<»urces  of  the  countiy,  in  forest,  field 
and  mine,  hejj^an  to  <levelope.  Thereupon  ci.:ii.e  tlie  land- 
sharks.  The  "  s(piatter's  "  i  ijjflits  were  disrej^ardeil.  Svndi- 
cates  and  monopolists  seized  upon  the  lands.  The  settlers 
had  followed  the  (.^uehec  ride,  in  layin;^-out  their  claims. 
The  merciless  surveyor  l)locked-out  the  lands  in  sections.* 
Hy  such  a  survey  the  division  of  e\er\  haif-hreed's  claim 
was  a  physical  certainly.  If  he  ;4ol  to  the  land  otlice  liefore 
any  other  man  overreached  him,  he  miyfht  secure  one  pait  of 
his  faini;  upon  the  whole  of  which  he  hail  \\orke<l,  hke  a 
slave,  for  inanv  \e;irs. 

I'ut  \(»uiself  ill  the  half-hreed's  place.  Imagine  vourself 
ousted  of  \our  farm  hv  the  hrainless  spawn  of  an  rffctc  and 
emasculated  aristocracy.  The  spade  must  }j;ive  was'  to  the 
eye-<;lass.  We  ail  know  what  ICni^lish  syndicates,  composed 
of  loids'  haslartls,  have  done  in  om'  own  conntrs,  in  the  line 
of  l.md  lohherx .  We  have  had  a  picss  which  has  heen  free 
and  loud  in  its  utfciances,  especially  i"  those  cpiarters  where 
such  ;i  course  would  secure  the  most  \  otes,  ^'et,  with  due 
re^jard  to  eNat;<;eration,  it  can  not  he  denied,  that  linj^^lish 
land-<jrahhin^f  in  the  I'nited  State;-  has  heen  a  hinnin<j  shame. 
\'el  we  could  write;  we  could  speak;  we  had  a  piesidcnt 
who   respected    tin-   ri;4;lits   of   a   honu'stead-enlrvman,  wit  h  a 

*  In  t!ie  \V«.st,  .1  section  means  a  s.iuaic  mile. 


i  ni/j:\  ini.i. 


77 


l>;ilK»i  in  lii^  h.iiul,  uiorc  tl'.,ii<  he  'litl     luit  llu-  wntfi'  ix  .inlici- 

piitiiiV,'. 

Al:i>.  f"f  tlu"  jioor  lKiIf-1»rc't(l  I  lie  roiiltl  uritlicr  \vm\  ih'I 
wiiiV.  Hr  |)(tiiit»Mc<l;  he  |)i(»»lr;itcvl  himM'lf  ;it  thi"  fcrt  of 
L  ;m:i(la'N  ^iiat  pii'iiiiri  ;  hill  ihe  ^'ovciiiMiiMit  was  deaf  and 
<hunh.     A   writrrin   the    Annual   Cvelopa-iht  for    i.SS^  >a\««: 

"  riie  i>e  iplf  lit  lilt  oiler  ]iniv;iuc>  of  (nnada  hardly  kiu'w    ilinl  tiic  ImII 
brccils  li;i.|  tiny  jjf  cvancfs  at  .ill  luilil  the  '.•vo  of  ilio  lelxlli'ii." 

I'hc  hnij^iia;;e  i-^  worthy  the  asinine  doh  wliti  pinned  the 
Utu-s.  Did  ni)t  know  I  Why:  lleean^e  petition  upon  petiti<in 
had  found  its  jrrave  in  tiie  pi^feon-hole  at  the  Interior  Depart- 
ment to  he  rrsnrreclid  Only  l»y  the  truin|)et-hlast  of  another 
(iahriel.*  Sir  John  A.  Macdonald  had  not  «inl\  no  dispo- 
sition to  do  justice:  hut  he  had  not  r\en  tin-  sus^i-ptihilitN  of 
the  iHijusi  jiidj^i,  mentioned  in  the  «^ospel.  Theie  is  little 
douht.  that  Seneca  lived  anil  died  in  hlissfid  ij^norance  of  the 
mart\  rdom,and,  of  the  very  existence  of  Saint  Paul,  alihou«;h 
he  li\etl  in  the  same  city.  That  is  int  proof,  iliat  I'aul  \sa^ 
not  hcheaded. 

Hope  deferred  made  the  heart  sick.  The  poor  half-hleed^ 
hecame  discouraLjed.  Thcii'  were  manv  in  the  .Saskatchewan 
settlement  of  .Saint  Lament  who  participated  in.  the  uprisin;^ 
of  I  SfKj.  The  recall  of  Riil  was  sutrirfsted  and  deteriiiined- 
upoii.  All  eyes  were  turneii  toward  Monl.ma.  A  commit- 
tee of  four  half-hreeds  was  sent  to  the  .Suii  l<i\er  countrv. 
One  of  the  iiunmittee  w.istJahriel  Dumont,  destined  t<»  tij^me 
in    the   future    history  of   the  couiitr\ .     Thev  jouriu'ved   for 

found  the  e\- 


P 


-y 


chief  al  Saint  Peler''s  Mission,  al-out  twenty  miles  from  vSun 
River,  upon  the  hanks  of  the  Missouri.  The  messeiiLCers  in- 
vited their  old  chief  to  return  and  leatl  them  in  a  constitutional 
agitation  for  sccurinjj;  their  ri^lits.  History  contains  few  in- 
cidents  more  totMching   than    the   story   of   this    pilgrimage. 

*(iabriel  Dmnnnt  was  the  comm.iiuler  and  chief  of  Kiel's  army  in  the  Sas- 
katchewan Rcl)ellion. 


i 


I' 


•J 


i 


ii 


I 


,  t 


7s  Tin:  lunoh  <n'  m:i:i.. 

Time    ma\-  l»i;iiul   it   as  apocryphal,  as   it  alicail\-  has  the  talc 

of  Pocahontas  and  (oliii  Smith. 

•*  I've  stootl  upon  Achilles'  toiul), 
And  licanl  Troy  <loul)teil.     Time  will  doubt  of  Koine.  "  ' 

Kiel's  fiiiiids  at  'lie  Mission  entreated  him  to  remain  in 
Montana.  lUit  he  decided  to  ;^o  to  the  Saskatchewan.  The 
wisdom  of  this  choice  will  not  he  .iehated  here.  It  may  he 
ar<rued  that  liiel  was  an  American  citi/en  and  had  renounced 
his  allc^iame  to  the  (.Jneen  :  his  country  was  at  j)eace  with 
ICui^larid;  and,  conse(|Ucntl}  .  he  had  no  right  to  interfere  with 
ICnj^land's  colonial  politics. 

There  vs  as  oner  a  I'renchman  named  LaFa\ctte.  I  lis 
country  was  at  [)cacA'  with  iCni^hnui.  He  came  across  the 
water  to  interfere  with  I'^nfj^land's  colonial  politics.  There 
was  a  difference,  however,  in  this:  f .al-'ayettc  hrouoht  his 
sword  alon^,  while  Kiel  inteiuled  a  peaceful  a»j;itation  cir- 
cumscrihed  hv  the  constilution,  Ihit  there  wert-  othei differ- 
ences; Lal'a}ettc  was  successful.  !n  liis  old  aiL;e,  his\  isit  to 
the  land  he  hefricnded  was  the  e\en?  of  the  year  i8j  j,  A 
mouiUain,  the  third  ic  hei<^ht  east  of  the  Kocky  raiio^e,  has 
l)cen  named  in  his  honour.     The  siory  of  Rjel  is  nut  half  told. 

IK  arri\ed  in  the  Saskatchewan  ctumtry,  in  the  summer  oi 
iSiS|.  In  company  with  others  lu  i)e}ifan  a  constitutional 
a'^italion,  whicii  proved  ahortivc.  .Seven  months  of  this 
effected  nothing  hut  an  increase  of  the  mounted  police,  a  hody 
of  men-  lialf-ci\  ilian,  haif-soldier  -  actin<!;-  as  a  constal)ularv 
force  in  the  No'th-West  Territories,  They  were  oi-j^ani/ed 
in  I''''>7j;  :iii<1  'I'll  }i'ars  thereafter,  at  the  time  of  which  we 
write,  they  were  increased  to  five  hundred  men.  Thus  ditl 
the  poor  children  of  the  desert  .isk  hread;  and  receive  a  stone. 
Tlie  council,  presiiled  overlay  Lieutenant -Ciovertior  Dowdney, 
had  rect>mmended  theit  claims.  J?ut  the  orjeat  premier  (  for 
threat  he  is)  heard  them  not.  Pharaoh's  heart  could  not  iiave 
heeti  harder.  Alas  I  he  was  soon  to  L'arn  *'  how  much  the 
wretched  ilare."      Wheti  the  historv      I  mean  not  such  hrd- 


cm /.!■:. \  nn:i., 


'^ 


liant  partN  pauiplik'ts,  as  Mercer  AdamV  really  aMe  work; 
\\  hell  the  history  of  the  North-VVest  rehelHoii  is  written,  it 
will  appeal',  that  few  people  would  have  borne  what  the 
poor  half-hreecK  eiuliiied. 

If  it  was  <rloiioiis  to  'jjo  to  war  over  n  three-penny  tax  upon 
tea,  the  half -breeds  of  the  North- West  were  surely  ju- titled 
in  lij^'htin*;  foi  their  homes.      I'or, 

"  ilow  can  man  die  lictlei 

ilian  facing  fearful  xlii-. 
For  the  ashes  of  his  fatiicis, 

And  the  teniplo  of  hisj;ods; 
And  for  the  tendci  niotlier 

Who  daiidlfd  him  lo  rest. 
And  for  ihi-  wife  who  nurses 

His  baby  at  her  l>rea.st.'' 

Kiel  had  entered  the  country  with  the  purest  motives.  He- 
fore  he  commenced  his  constitutional  a<;itation,  he  \isited  the 
Missiof*!,  Saint-Laurent-(irandin ;  called  upon  Father  l-'our- 
inond,  who  had  in  charj^e  the  missions  of  Saint  Lawrence, 
Saint  Anthony  of  I*adua  aiul  the  .Sacred  Heart,  lie  a^ked 
the  ecclesiastic  for  his  hlessinjj^;  and  e\er  after  attended  stiiclh 
to  his  duties  as  a  Catholic. 

lie  has  been  charj^^ed  with  apostasy.  'I'he  discussion  of  this 
question  would  be  without  the  purpose  of  this  xolume.  If 
Riel  tauf^ht  the  doctrines  ascribed  to  him,  he  was,  ne\  erthe- 
less,  quite  as  orthoilox  as  the  Nestorian,  l*rester  Johti,  whose 
slranj^e  career  furnished  the  basis  for  so  many  pious  letrcnds; 
and  whose  ui)toj)iau  kiny^dom  was  tiie  object  of  so  maiiv  pil- 
jjrimaj^es.  Au  indij^nanl  coni;re<(ation  left  the  church,  whin 
that  unworthy  pastor,  Nestoi  ius,  declaretl  the  Hlcssed  \'ir<jin  to 
be  mother  of  Christ,  but  not  of  God.    The  \enlict  of  Christen- 


dom was  aoaiust  Nestorius;  and  In 


e   was  (iiiven  in  dis^raci', 


from  his  see.  Seven  centuries  thereafter  half  of  Christendom 
were  almost  ready  to  canonize  the  disciple  of  the  ^reat  heie- 
siurch.  Verily  do  limes  chanj^e;  and  men  chanoe  w  ith  them. 
The  charges  aj^ainst  HiePs  orthodox v  have  been  made  u|)on 


m  Tin:  Hi.onn  of  ahi:i.. 

authority  hij^hly  respectable.    lUit  ;i^ain  let  Macaulay's  reconi- 

meiulatioii  of  one  vveij^ht  aiul  one  iiieasini'  he  borne  in  mind. 

On  the  iSth  of  March,  i«SS5,  the  lir^t  c()erci\e  act  was  coni- 

niitted.      Mr.  Edward    iJhdxc,  tlie   hberal   leadei,  in  a   -^peeih 

dehvered  at  Lindray,  in  Januaiv,  iN^S^,  >ai<l: 

"  I  have  never  di-nieti,  that  there  was  treason  on  the  l»nnks  of  the  Saskatche- 
wan, amongst  those  half  civili/ed   illiterate,  nusj>ui(lt(l,  but  also  nuich  abused 


peoj 


lie. 


There  was  trcasun  under  the  law. 
inth 


The  author,  presumptions  as  if  mav  seem,  will  take  isMie 
with  the  liberal  statesman,  before  the  c1o>l.  iUit,  admittino- 
the  truth  of  his  propositioti,  I.,ouis  Kiel  was  j/niltv  <if  treason 
tniiK-r  iIr-  law  .  \  es,  just  as  \'irginius  was  j^nilty  of  murder 
under  the   law  . 

Oil  the  dale  last  named,  the  half-i)reeds  at  liatoche,  ha\ino- 
formed  .1  pr<)\  i--ional  o[overnment,  rose  in  a  body,  under  the 
leadeiship  of  Kiel  and  I)tnnoiit.  Kiel  pci  sistentl  v  denied 
i)eino^   the   leader,      lie  claimed,  that  all  wcvv.   eipial,  ;ind   he 


sjiriied    himself  "Louis    l)a\id   K  iel,  /:  vr^rrt/r 


Tl 


n-   word 


.t'xox'cuc  was  one  o 


f 


Ins  o\\  n  I'omaufe 


lledi 


ii\ed  it  from  the 


Latin  1  .v,  otit  of;  and  oi'i/c^  the  sheep-fokl.  Thus  sioriufyin^, 
that  he  was  only  one  amon;^  the  others.  Ili^  (■ivm()|oory  was 
iini(ine,  eccentric  and  far-fetchetl,  to  s;iy  the  least.     The  exact 


lumber  of  Kiel's  followin'^  is  a  little  uncertain 

fori 


An  estimate 
is  ,ill  that  can  lie  i^iven.  This  the  author  forbears  to  make. 
Tne  Indian  camp-followers  of  Kiel  were  the  uncertain  ele- 
ment, as  tho«^e  desnltor\  soldiers  of  forttme  alwavs  .are. 

The  nucleus  of  the  half-lneed  settlement  t.pon  the  Sas- 
katchewan, was  the  villao[e  of  iJatoihe,  sittiate  upon  the  '•outh 
fork.  ( )ne  mile  below  Hatoche,  upon  the  same  fork  is  Dn- 
mont's,  or  (iabriers,  dossing,  so  calle<l  fiom  the  half-breed 
leailer  w  ho  kept  a  fcrrv  there.  The  reader  will  remember, 
thatCarlelon  lies  fourteen  miles  from  Katoche, upon  the  n<nth 
branch.      I'lince  Albert  lies  farther  down   thi-  -^ame  l)ranch. 

*  Toronto  Wecklv   ( ilobe,  January  jS,  iSS;  ;   Speecln-s  l>y  1  loimurablc   lid- 
wnrri  lilake,  (Hunter,  Ko>e  .\  <  o,   Torontui,  page  421. 


(in/. EN  RlEl. 


81 


Nearly  thf  wliole  country  settled  hv  lialf-hrccds  of  thisscttlc- 
nicnt  in  iv*^S5  would  be  eniltraccd  within  the  surface  of  a  su- 
perficial isoseles  triau«^le,  whose  hase  would  be  a  line  drawn 
from  Carletoii  to  a  point  a  little  south-east  of  (iabriel  Duniont's 
C'rossinjj^,  and  whose  apex  would  be  at  I'rince  Albert.  The 
distance  from  (iabriePs  Crossin<r  to  Prince  Albert  is  twent\- 
fi\e  miles.  'The  jjortion  of  llii>^  half-breed  settlement  aiound 
and  near  liatoche  was  called  Saint  Laurent.  The  wdiole  num- 
i>er  of  half-brcids  in  the  settlement  in  i8S^  was  less  tlian 
ii\e  htindred,  and  the  male  adidts  capable  of  bearinj^  arms 
numliered  about  sevents'. 

The  little  villajj^e  of  l»at(»che  lay  about  half-way  iietwcen 
Clarke's  Crossiui^  and  the  junction  of  the  two  forks,  a  little 
nearer  the  former.  The  j^^eater  |)art  of  the  \illage  was  on 
the  rJLjht  bank.  Here  were  the  stores  of  Kerr  Brothers 
and  (ieorge  I'^isher.  I'pon  the  left  bank  were  the  stores  of 
Walters  and  Hakei.  1<  iel,  Dnmoiit  ind  their  followiii}^  to  the 
nund>er  of  ab;)ut  forty  men,  seized  and  loi)ted  the  stores.  An 
account  was  kept  of  the  ^oods  taken. 

ShortI}'  aftfi  this  outbreak  the  half-breeds  at  liatoche  were 
favoured  by  a  visit  from  Thomas  Mackay,*of  Prince  Albert. 
This  man  was  a  vScotch-Cre^;  half-breed  of  considerable  intelli- 
i^ence  who  had  iniolled  himself  as  .1  Nolunteer  for  the  sup- 
pression of  the  revolt.  Mackay  thus  described  his  mission.  lie 
said  that  he  went  to  Hatoche:  "To  see  if  I  could  ptjint  out  to 
them  I  the  half-breeds  |  the  dan<fcr  they  were  «;ettint(  into  in 
taking  up  arms.  1  knew  a  jj^reat  many  of  them  were  ij^no- 
rant  ami  did  not  know  what  they  were  doin^;  and  I  thouj^ht 
I  mi^ht  induce  them  to  tlispersc."f 

It  has  ever  been  the  policy  of  a  coni[uerin<(  nation  to  select 
certain  members  of  a  snbjccteil  lace  as  the  recipients  of  her 
special  bounty,  hoping,  throuj^h  them,  to  keep  mastery  over 
their  fellows.     This  was  Roman  state-craft,  and    ICr.j^laml  is 


Spelled  also  McKay.     tThe  Queen  re  I.oui"^  Riel,  p.  17. 


?!f-|i 


\\ 


<|lfl 


r. 


J^m 


II 


.s:i 


77//;  lu.oon  I)/'  j/;/;a. 


MO  str;m<(ei'  lo  the  art.  Tlioiiias  Mackay  was  one  of  those 
petted  panders.  While  at  Batoche  he  met  Kiel.  During  a 
conversi'tion  held  with  Mackay,  Riel  called  him  a  speculator 
and  told  him  his  hlood  was  fro/en.  lii  the  heat  of  his  j)as- 
sion  he  su'd  many  other  thin<^s  which  he  had  hetter  left  nn- 
said.  lie  fell  and  spoke  much  as  did  Arminius,  the  (lernian 
liherator,  to  his  hrother  I'^laviiis,  who  followed  the  Roman 
standard  to  lljj^ht  ajj^ainst  his  conntiy,  in  that  celehrated  inter- 
view so  (graphically  descrihed  h\  Tacitus.*  The  lan<:^uaj^c  of 
Arminius  has  heen  be.iuiifully  remitted  i'\  I'raed  in  Eui^lish 
\ersc,  ami  would  l)e  a  fail  paraphrase  of  Kiel's  lan»^uage  on 
this  occasion : 

"  I  ciir>e  liiin  !iy  the  j^ifts  the  land 
I  lath  won  from  him  and  Koine, 
'I'he  living  axe,  llio  wasting  luami, 
Rent  fi)rt'st,  hla/iiii;  home.  ' 

W'nile  the  lieiy  cliief  was  speakinjij  with  so  much  emphasis 
and  freedom,  the  w  ily  antl  phlegmatic  iJritish  >py  was  drink- 
ing-in  his  words,  which  wouUl  be  rejiroduced  in  the  court- 
room at  Rcgina.  The  language  of  Kiel  upon  the  occasion, 
as  testilied  t<^  hy  Mackay,  w  a^  judicially  interpreted  as  the 
growl  which  accompanied  tlic  tiger's  jump  what  lawyers 
call  a  part  of  the  ;-<•.>  i^cs/ic. 

Onthe  Jjnd  of  March  Sir  John  .\.  Macdonald,  the  pre- 
mier, received  a  ilisj)atch  to  the  effi'cl  that  Riel  aiul  a  gang  of 
his  men,  numbering  forty  in  all,  had  sei/.cd  the  mail-bags  at 
a  wav  olVice  near  Duck  Lake,  and  taken  eight  horses  belong- 
ing t(»  the  mail-carrier;  that  they  had  j^lundereil  several  stores; 
that  they  were  encamped  at  Duck  Lake,  and  were  threaten- 
ing Fort  Caileton;  that  the  wires  were  down  betv\een  I'rince 
Albert  and  Clarke's  C 
the  House  of  the  unwel 


rossing.     The   next  day  he   informed 
come  news. 

The  same  day  ^L'ljor-General  Frederick  D.  MidiUeton  had 
an  interview  with  Adolphe  P.  Caron,  Minister  of  the  Militia 

Tacitus'  Ann.,  Hk.  II..  (>  and  lO. 


i  iTiZEs  mi: I.. 


K\ 


and  Dcfcncf,  ;iiul  Icfl  that  iiijj^lit  for  \\'iiHiI[)C'<^,  wIkmc  he  ai- 
livL'd  (»i)  Friday,  the  jyth  instant,  oslensihly  on  the  routine  of 
his  department.  I'pon  the  train  l)elNveen  Ottawa  and  W'in- 
nipe<;  he  heard  of  the  battle  of  Duck  Lake. 

Major  Cro'/.ier,  of  the  mounted  pohce,  wiih  about  ei^jhty 
of  that  force  an<l  forty  vohnUeers  under  Captain  Moore,  to- 
j^ether  with  tlie  Scotch  half-breeil,  Mackay,  before  nien- 
tionetl,  were  on  their  way  from  Carleton  to  Duck  Lake,  the 
object  of  their  journe}'  being  to  «jcnre  tlie  nicicliandise  in 
Stohert,  lulen  iS:  Co.'s  store,  tojjjether  with  a  lar<;e  amount  of 
government  supj)Hes  also  Ivinor  at  Duck  Lake,  destined  for 
Chaffee,  the  Indian  farm  instruct(»r  near  that  |)lace.  These 
Major  Cro/icr  intended  lo  convey  to  I'liiwc  Albert  for  safe 
keeping.  But  the  insurgents  had  stolen  a  march  upon  them 
and  seized  evervthing  tlie  day  previous.  Major  Cro/ier  came 
upon  the  half-breeds  on  lieardy's  Reserve,  about  two  miles 
from  I")uck  Lake.  Here  the  first  battle  of  the  ."Saskatchewan 
war  was  fought.  The  numl)er  of  the  relic!  foici-  has  been 
variouslv  repiesented  by  their  eni'mics  as  from  150  to  220. 
It  is  utterly  imf)ossible  that  there  coidd  ha\e  been  even  the 
minimum  number  of  half-breeds  u[i(>n  the  ground  at  the  Mght. 


The  streu<rth  of  their  Indian  auxiliaries  is  uncerfaii 


Tl 


le  en- 


tire rebel  force  probably  outnumberetl  the  mounted  p(»lice  and 


volunteers  l)v  a  score  or  more.      There  were  not    n  ore 


th; 


twenty  engaged  in  the  tight,  the  remainder  being  held  in 
reserve.  The  insurgents  were  armed  mostlv  witii  shol^runs. 
The  men  on  both  sides  were  experts  in  guerilla  aiul  j)rairie 
warfare.  The  only  substantial  advantage,  on  the  rebel  ide, 
was  the  fact  t^iat  Dumont  was  a  belter  general  than  Cr  'er. 
There  are  many  published  accounts  of  this  battle.  Tl  are 
all  by  Englishmen,  or  Americans  in  the  last  stages  of  glo- 
inania.     The  poor  half-breeds,  like  the  ancient  Cilici. 


had 


n 


o  historians.  If  we  believe  some  Hritish  writers,  Kiel  and 
Dumont  had  more  men  in  their  little  army  than  tl  r.-  were 
half-brectls  in  the  Saint  Laurent  settlement,  men,  women  and 


f! 


;  i 


84 


I  hi:  lii.oon  o/    I/;/;  A 


i 


chililrcii  included.  W  !u  ii  Cin/IcT  c.inic  upon  the  insurjjciils 
they  were  .staiuhnjr  hehind  a  fiiiiije  (»f  'iMub  ])()|)hii",  near 
the  edge  of  a  coulee-ravine,  with  a  stream  runnin«r  throu^'h  it. 


At  th 


le  wonl  of  command  the  go\  eminent  forces  ponited  tlieir 
rifles  at  the  insurijents.  (iahriel  Duinont  shoine<l:  ''  Is  it  to 
l)e  a  ll<^ht ' '"  Cio/ier  rephed:  *'  I  niwst  shoot  if  von  do  not 
hiy  down  your  arms/'  Dumont  picked  up  the  jr.iuntlet;  and, 
without  fiuther  parley,  his  men  (hojiped  into  the  laxine,  and 
le\eletl  their  rilles  ah)ng  the  lop.  At  this  time  Crozier,  who 
was  about  three  hunched  yards  away,  held  up  his  hand;  and 
the  police  and  volunteeis  extended  their  lines.  Cro/ieii's  meJi 
(ired  first.  Tlie  insurj^^ents  returned  the  shot,  directiui^  their 
fire  t(>  Cro/ier's  left,  where  the  Prince  Ali>erf  volunteers 
were  stationed,  and  eij^ht  of  them  fell.  This  was  uniioul/t- 
edly  intentional  on  the  i)art  of  the  insm<;ents,  as  they  looked 
u])on  a  poliien)an  as  onl\'  actin-^  in  hue  of  hi-dutv;  hut  thev 
re^^arded  the  vv»lunteer  as  a  traitc  i  \u  the  common  cause.  After 
tlrinj^  for  hall   an   hour,  in  a  hea\y   f.ill   of  sn 


u>w,  I 


t   1 


)ecaiiie 


i\  ident  to  C'lc/ier  that  the  half-bree  Is  were  masters  of  the  sit- 
u.\tion.  riu"  di^comtited  Major  ret  ealed,  v\  ith  ji  loss  of  fou'-. 
teen  killed,  and  nine  wounded.  The  insurj^ent-  lost  five  killed. 
At  Fort  L "arlet(»n  Cro/ier  met  Colonel  Ir\  ine,  with  one  hun- 
tlred   mounted   police.      The  old   fort,  whose  surrende-     had 


heen    i)reviousiv   reruse 


fi 


ui 


)on  Kiel's  denKuul,  was  ev 


uni 


ited 


anil 


I. 


led 


f> 


At  its  destruction    it   wanted   hut  two  years  t 
conijilete   the   first   century   of   its  existence.      The  police  re- 
tired down  the  ri\ei'  to  I'rince  .AIIkmI. 

The  effect  of  this  victory  of  the  half-breeds  was  to  arouse 
the  liulians.  Uattleford  was  l)esie«;ed  by  tjie  Sweet  (irass 
and  Poimdmakei-  hands  of  Crees;  and  the  settlers  were  forced 
to  dee  ro  the  barracks,  w  bile  the  Indians  looted  their  houses, 
actin<jj  .iiore  like  a  herd  of  swine  than  like  hmnan  beinf»s. 

Tlnee  tlays  after  the  fif^ht  at  Duck  Lake,  P'ayne,  farm  in- 
structor near  Battleford,  was  murdered  in  the  most  fundish 
manner  by  the    Indians  under  his  tutoraj^e. 


( iriZKS  inr.i. 


8,5 


ThanU  (iod  I  tlic  purpose  of  this  \olimu'  dots  not  re<|uirt' 
:i  (Ictaili'd  account  of  the  honihlc  massacre  at  I'lo^  Lake,  as 


this  was  '\\\  no  manner  traced   to   Kiel's  door 


roi! 


I.ak 


e  IS 


sitnaled  on  the  North  side  of  the  nortliern  hi.iMch  (<f  the  Sas- 
Uatcliewan,  far  up  the  stream,  ahove  Fort  I'itl,  a  station  of 
the  monnte<l  poiii'e,  and  near  the  foot  of  Moose  1 1  ills,  so- 
called,  I'he  massacre  was  the  hlooiU  work  of  Hi<^  liear's 
hand  of  C'rt'cs,  who  h;i\e  their  reser\eat  Loml;  Lake,  the 
source  of  |{ea\  er  \i  i\  er,  I\  injj  several  <lavs'  joiirnes  north-w  «sl 
of  l''ro^(  Lake.  I>i<^  iJi.ir,  whinn  Mercer  Adam  styles  tlu' 
I'onliac  of  the  North- West,  exerciseil  a  tacit  dominion  o\er 
all  the  various  hands  of  Indians  n:  the  \ii.initv  of  I<on<4, 
Stoney,  and  1  i"-;  Lakes.  On  the  ilnrd  of  April,  (J(mk1  l"ii- 
dav,  the  Indians,  nndei'  IJij^  Heat  and  W'anderinrj  Spiiit,  at- 
tacked the  settlement  at  I'ro^  Lake;  interrnpted  the  Holy 
Sacrilict'  of  Mass;  murdered  sexfial  whites,  includin<^  Thoma*- 
CJulnn,  IndiiMJ  aj^ent ;  t\\t>  ohlate  fathers.  I*'arfard  and  NLir- 
chard;  John  Delanv.  f,n  m  instructor,  and  |<ilin  A.  (Jowan- 
lock,  mdl\^  lii^ht.  I  lies  made  j)risonc'rs  of  tlie  wives  of  l)e- 
lan\  and  (iow  jnlocK.  I' oi  two  I'-n;^  months  these  heroic 
\v:)men    suffered    the    horrors   of    a   ca|)ti\it\,    \   i, 


hist 


OI\' 


re.id->  like  the  tale  of  Hannah  Dustii 

df 


Th 


ron«jjh  tlu  ciii\  alric 


coiidiut  of   tour   half-hreeds,  p;irticidarl\'  of  John    I'ritchaid, 


th. 


est'  po(ir  women  were  save<i  rr<ni)  r.emjj  the  \icliins  of  sav 


f 


itre    lust — an   aliernalist-   worse    than 


.ieatii. 


It 


w  ;is 


w 


an 


dcrin<f  Spirit  who  lire.l  the  first  sh-.>i  at  I'lo^  Lake,  the  om- 
which  killed  Indian  A«4ent  (J|uinn.  That  stalwart  savaj^e  ap- 
pears to  ha\e  heen  tlu'  leal  leader  of  the  movement.  He 
;iiterwaitls  pleaded  ^nillv  of  mmder,  hefore  fudfj^e  Rouleau; 
leceived  his  sentence,  and  ju-th  suffered  the  law's  exfremest 
pena!t\   for  his  terril>le  crime. 

T!ius  have  the  salient  features  of  this  terriMe  affiiir  heiii 
u'jiven,,  All  allusi<»ii  to  it  would  Ikinc  heen  avoided,  hut  for 
tViv  f-.vc<.,Oiat  Kiel  was  charged  with  l)ein;_j  res|.)f>nsihle  foi' 
tiii>  niass^iiere.       These  actusers  are  v»'.>out  as  just  as  weri'  the 


: 


J 


H(\ 


Tin:  lii.(Hti)  or  A/!/:/. 


i« 


I4<i 


i^t 


noitlurn  iMr-catovs  who  cliMij^fd  li-fftisoii  Davis  with  htinjj 
rt'spoiisihlo  for  Little  Crow's  hiitclieiies  in  Minnesota  in  iiSf)j; 
or  some  othei  e(|nallv  l>iilli:int  ^eniii'<ts  who  blamed  Koseoc 
(  dnivliii^  for  the  aet  of  ( Jiiitean.  There  is  no  douht,  hut  tliat 
C'olmnhns  was  indirectly  ivsponsihli'  for  the  killinj;  of  Mon- 
Ic/nma.  If  Cohnnluis  had  not  discovered  iXmerica  Montezu- 
ma wonltl  not  have  met  his  death  in  the  peeuliar  mannei  that 
he  did.  This  is  precisely  the  lo^ic  hy  which  Kiel's  enemies 
wotdd  toju  iit  him  of  lesponsiliility  for  the  massacre  at  {'roj; 
Lake.  *' Tlu'  Indians  nc\er  would  have  arisen,  hut  iorthc 
half-hicfd  ie\()lt,"  they  say;  "tlu'V  caught  the  conta<^i<Mi." 
I'rofnndity  of  lo«^'i  •  '  But  for  the  Ameri.an  KeNolutiiui  there 
would  have  ne\ei  Ihcu  .i  I'rench  KevoluMon.  Ilenceit  is  ob- 
vious, thai  Thomas  Jefferson  was  personally  responsible  for 
the  judici;d  muider  of    Madame  Koland. 

It  will  be  slu)wn  hereafter,  that  there  was  not  sutlicient 
ley;.d  proof,  that  Louis  Kiel  insti}>ated  I'oundmaker  to  ^«)  upon 
the  war-path,  ^'el  there  is  plenty  of  histmical  e\  ideuce  of  the 
fact.  '!'he  ethical  propriety  of  a  ^entleiuaii  of  Christian  cul- 
ture insti^atinj^  a  lot  (jf  irresp«)nsihle  savajjcs  to  deeds  of  hlooil 
is  a  matter  upon  which  tlurc  outjlit  to  be  hut  one  opinion.  It 
is,  sm'ely,  a  course  of  coi;duct  whicii  could  only  he  justified  by 
the  nu»t  intense  pi(>\ ocation— soniethinjr  as  terrible  as  that 
which  provoked  the  ne«ifi.ocs  of  .Santo  Dominj^i)  or  the  Sans- 
chulotlcs  of  I  -jSi). 

Kiel  had  a  bad  example  set,  for  him,  by  such  elej;ant  <(cntle- 
men  as  Doctor  Schult/ and  (Jeneral  hui«joyue.  The  story  of 
the  former  has  been  related  in  this  volume.  The  latter  was 
far  more  directly  responsible  for  the  muriler  of  Jane.  McCrea 
than  was  Louis  Kiel  foi  any  outraj^e  committed  by  Pound- 
maker's  baml. 

Here,  ajj^ain,  one  weijjjht  and  ime  measine  are  conitncnded, 
f«>r  the  Canadian,  the  iMij^lisbman  and  the  lialf-breed  alike. 

It  was  out  of  the  cbronoloj^ic  al  order,  to  speak  of  the  fnA>^- 
.sacrc  at  Frog  Lake,  ;jt  *h\s  particul.ir  tmie.      Hut,  leaving  thf 


I  iTi/.i:\  ini.i.. 


M7 


cpi^odo,  let  the  c;im|):n<;ii  of  Midilk'loii,  or  :i  pait  of  it  l»r  rou- 
^idcrcd.  No  military  history  will  he  .itti'inj)tf<l  heri'.  Not 
even  an  cpitonir  of  tht-  entire  lanipai^n  will  he  «;i\eii.  At 
some  future  lime  tlu*  Jii.'hor  will  visit  the  North- VVe^rfor  the 
pur|)nNi'  of  making  a  critieal  and  strategical  study  of  Middle- 
tonV  iampai«;n  in  that  re;;ion,  aftcJ"  which  he  will  write  an  ac- 
coniil  <»f  it.  This  campaijLjn  mav  he  (li\  ided  in  three  pails. 
I''irst,  tiie  mari  h  from  C^ir.\p|)elleto  L' I  ark's  Crossin*^;  seeoiid, 
tile  campai<i;n  aj^ainst  the  half-hieeds,  upon  the  Saskatehe- 
W'jm,  inclndin;^'  tlie  hattles  of  l''i.sh  Creek  and  Matoehe;  third. 
the  suhsecpu'iit  Indian  war,  inehidini;  the  ea|)tmf  tif  I'oi  iid- 
maker,  ilu-  |it!isiiii  df  jh^'^  Hi'ar,  Loon  Lake,  and-so-f(  1 1  h. 
The  \\\A  l\V(i  are  all  that  will  he  «leaft  with  in  this  \oliime. 
,  As  alreadv  stated,  (ieneral  Middleton  arrived  at  W  iiiiiipi".^ 
on  the  i^th  of  March,  and  on  the  e\enin;jf  of  that  da\-  he 
started  for  (ju'Appelle  with  jOo  men  of  the  (><)th  Hatlalion. 
He  arrived  there  the  same  day,  and  tin-  j.Sth,  2<>th  and  ^oth 
were  devoted  to  those  preJiminaries  indispensahle  to  a  Ion;; 
march.  Students  lltlin;;  for  an  American  colle<;c  usnallv 
read  Ilonu-r's  Iliad  to  the  Catalogue  of  the  Ships  and  stoj) 
there.  I  fear  such  would  he  the  fate  of  this  little  hook  did 
the  author  stop  here  to  Vf'^'*-'  *'  <lt'tailed  account  of  (iiiieral 
Mitldleton's  forces.  I  lis  troops  were  made  up  of  citi/i-n- 
solc.ers,  men  who  had  left  the  shop,  the  desk  and  the  farm. 
They  we  '■traiifjers  W  the  harl)aric  art  of  war.  Many 
of  them  hai  .lever  pulled  a  trij^j^er.  The  militia  of  Canada 
was  under  the  control  of  Adolphe  I*.  Caroii,  \\  ho  was  a 
memher  of  the  Cahinet  and  responsihle  to  I'arhament.  They 
were  uiuler  the  immediate  connnand  of  I'rederick  D.  Mid 
(lleton,  an  oHicJr  holdin;;  the  rank  of  colonel  in  the  regular 
army  of  (ireat  llritain  and  rankmj^as  major-^reneral  of  mil 
itia,  with  a  salary  of  $.|,(jck)  a  year,  lloth  the  minister  and 
the  ^^eneral  were  men  of  sui)eiioi  ahilil).  The  llist  was  the 
son  of  the  distinguished  Canadian  statt.*s|iimi  «>f  \\\\\\  |li|nH'J 
and  was  worthy  of  Ins  sire. 


\ 


M  r  I 


il  Tin:  lii.ooi)  or  Mii:f.. 

l'"  ICC  I  Click  I).  Middlt'toii  ( ;i  iiiiiiU'  which  souikIs  well  with- 
out a  title)  was  th(.'  tliird  son  of  Major-Cu'iKial  C'hailcs  Mid- 
dlctoM  of  the  rejj^ular  ann\ .  lie  \Nas  a  native  of  the  land  of 
Sarslleld  and  \\'elliii<^ton,  ha\  !/i<^  been  horn  at  IJelfast,  C'«iutJly 
Antrim,  Noveniher  |,  x'^z^.  The  hid  was  cilncated  at  the 
Royal  Military  L'<tlle}^e,  and  entered  the  arniv  Deeeniher  ^o, 
1842.  lie  served  with  the  '^oih  reji;innnl  in  the  war  aj^ainst 
the  Maoijs,  ;Mid  spent  the  vcars  iSj^f)an(l  iN  17,01- the  <j;reater 
portion  thereof,  ill  Niw  Zealand,  ileie  tlie  \(>un}^'  olliier 
received  his  baptisni  of  lire;  and  an  eilucation  in  guerilla  war- 
fare  which  was  destinet!  to  dihtinjj;iiish  him  in  his  old  a;;e. 
lie  was  mentioned  in  dispatches,  and  received  a  iredal.  Aft- 
erwards, serving;  in  the  Santhal  Kehellion,  he  was  mentioned 
in  dispatches,  and  received  the  thanks  of  the  government, 
lie  look  part  in  the  suppression  of  llieSipoy  Mntin\'  of  iS^y 
and  i>S^<).  Space  forbids  a  minute  account  of  his  honourable 
record  as  a  soldier,  lie  ser\  ed  at  the  historic  siej^e  of  Luck- 
now,  with  which  every  schooI-bo\-  is  familiar.  In  tlie  \ear 
1S61,  at  the  lime  of  the  Trent  affair,  Middleton  canie  to  Can- 
ada, as  Major  of  the  .jijth,  wheit'  he  remained  till  the  with- 
drawal  of   tile   troops   from    liie   conntrv.      lie    lias   I'eeeived 


many    dci-orations   and    titles   which 


.  mencans 


ave   never 


learnc'l  to  \  ahie. 


W'e  believe,  with  IJuins,  that.  ''Raidv  is  bni 


the  guinea's  stamp,"  and-so-forth,  and  with  I'itt,  who  saiil  that 
Nelson  would  live  in  history  as  the  greatest  na\al  liero  the 
world  had  ever  seen,  and  none  w<uild  ask  whether  he  were  a 


viscouiU  or  an  ear 


too 


will    Middleton 


live  in  history 


as  the  peer  of  any  Indian  ti«;hter  that  ever  trod  the  soil  of  the 
North  American  continent  since  the  days  of  Cortez,  with  the 
possible  exception  of  Andrew  Jackson.  Had  the  writei' 
placed  Miildleton  above  them  all,  he  mi<^ht  have  been  put 
down  as  vvantinji^  in  national  pride,  (ienera!  Middleton  came 
to  Canada  as  the  successor  to  (ieneral  J^uard  in  the  autumn 
of  iS8.).      lie  had  scarcely  l)ecome  acquainted  with  his  j^osi- 

*  .Soullicys  Lite  of  Nelson. 


mr/.is  i:ii:i. 


H!» 


tioii  .iijil  il»  I  ctiuii  I'liunts,  wlu'ii  ho  \\  :ih  c;illril  l«»  Ic"  '  lii»  i;i\n 
ii'ci  nits  to  ;i  i«mtc^l  wliiili  woiiltl  tent  ihcir  metal,  . -is  will  ;is 
flu'  ;il»ilil\  of  t  luMi  i^'iiMt  comiMjiiKU'i . 

Thf  militi;i  of  llic  Dominion  consistrd  of  all  citi/ens  oapa- 
iili-  of  luMiin;;  ;irin».;mil  was  tliviilcd  into  fonrclassos:  J'lrt. 
All  nnmanied  men  nul  chil(IIt*ss  widowers  between  the  aiLjes 
of  iS  and  JS;  Scrond.  Married  men,  and  widowei-  h;i\inj^ 
child ren,  l)et\\een  the  a^es  of  i  N  an«l  ,^0:  'l'hir>i.  Married 
men,  and  widowers  haviu;^  childven,  Itetwicn  the  ;i};e>«  of  ^o 
an<l  )^;  /''<unf/i.  All  between  js  i»ii<l  ''<'•  tieiural  Mid- 
dleton's  army  was  made-up  of  the  lust  ela^s,  as  the  law  le- 
(jfiired  each  class  to  be  i-xhansted  in  its  turn,  before  a  le\  \ 
t  >>uld  be  madi-  ii|)(jn  the  next,  except  in  case  of  a  tjcneral  lf\  y, 
in  which  e\ent  e\erv  cili/eu  aide  to  l)ear  aruis  coidd  l>e  called 
out, 

'I'he  charactei'  of  Middleton's  arms"  has  already  been  de- 
scribed, lie  has  been  tersely  and  trtdy  called  *' the  brave 
commaiuler  of  bravi'  men."  To  this  array  of  prowess  and 
patriotism  there  was  one  melaiu'!n>l\  exception.  If  was  ilir 
liirclini^-  Initcher,  the  black  sheep  from  the  American  Hock 
bought  with  Ilritish  }<()ld  by  the  (Queen's  factor,  Ad()l|)he  1*. 
Caion.  Ob,  shamel  that  tin  name  of  ICnj^Iand's  j;r«.at  phi- 
lanlbroi)isl  should  be  borne  b\  ihe^houl  with  the(iallini; 
<^un.  His  dishoiU)ure(l  name  shall  not  pollute  tliis  paj^e. 
ICnjiiflish  writers  have  delijjjhted  in  styliii'X  John  I'aul  (ones 
a  pirate,  who  woidd  ha\e  fou<^ht  under  the  colours  of  the 
Dey  of  Al«jiers,  as  soon  as  those  of  his  own  Christian  nation. 
r>ui  the  worst  caricatui"e  upon  tin  I'om'naiuler  of  the  IJon 
liomme  l<.ichar<l,  would  be  the  faintest  delineation  of  that 
stipendiary  assassin  and  militar\'  harlot  llii'  Duj^ald  Dab^attN 
of  the  Noith-W'est.  Arnold's  betrayal  t)f  bis  c«umtr\  has 
made  his  name  a  syiu)nym  for  treason,  llis  poi-tic  t\  pe  is  Alp. 
the  Adrian  renef^ade,  who  forswore  his  counii\  an«l  his  faith 
Hut  these  men  had  deep  personal  wron»(s.  .Although  we  can 
not  justify  nor  even  excuse  them.      The  tale  of  what  t  .uh  of 


n 


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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  S73-4503 


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77/ A'  1UA)0J>  or  AHEL. 


k  '■  \ 


|.f   il 


I    : 

.1  i 

1 

1 

i  ! 
t 

.    1^ 

them  suffered  has  made  the  one  a  Byiotiic  hero,  and  excites 
a  pan<^  of  jiity  at  the  mention  of  the  other's  name.  There  is 
the  same  difference  hetvveen  the  Thug  with. the  (iatling  jj^un, 
and  Arnold  or  Al]),  that  there  is  hetvveen  a  street-walker  and 
the  victim  of  misplaced-conrtdence.  The  only  form  of  man, 
in  fact  or  in  fiction,  which  will  depict  the  gladiator  of  the 
Saskatchewan,  is  the  ^'ahoo  of  Swift's  creation,  ft  was'the 
irony  of  fate  which  gave  to  the  second  century  of  our  national 
independence  the  humiliating  spectacle  of  an  Ameucan  citizen 
playing  the  ro/c  of  a  Hessian. 

The  (iatling  gun,  named  from  its  inventor,  Doctor  Richard 
f.  'Jatling,  is  an  American  invention  which  came  a  little  too 
late  to  he  of  much  service  in  the  late  war.  A  description 
woukl  consume  too  much  s{)ace.  and  be  foreign  to  the  pur- 
pose. Sullice  to  say,  that  its  utility  for  frontier  warfare  is  no 
longer  a  problem  of  p3'rotechnics  but  a  fixed  fact.  7\  gun 
of  this  tlescription  was  procured  [rom  the  Gatling  Company, 
of  which  the  inventor  was  president.  A  carriage-maker  from 
New  Haven  was  foimd  to  go  ;dong  and  explain  its  working. 
This  fellow  is  said  to  have  been  a  soldier  in  the  United  States. 
If  so,  history  has  failed  to  record  his  exploits. 

On  the  sixth  of  April,  Genera'  Middleton  set  ouv  with  his 
army  upon  the  celebrated  march  from  Qu'Appelle  to  Ba- 
toche,  by  way  of  Touchwould  Hills,  the  great  Salt  Plain, 
Humboldt  and  Clarke's  Crossing,  the  last-named  place  being 
his  objective  pomi  upon  the  Saskatchewan.  The  distance 
from  Qu'Appelle  to  Clarke's  Crossing  is  177  miles.  This 
march  was  accomplishetl  in  twelve  days,  being  a  trifle  less 
than  fifteen  miles  a  dav,  includimj  halts. 

VVIien  we  rclU^ct,  that  Middleton's  tnen  were  raw  recruits; 
that  the  weather  was  inclement,  it  being  the  most  disagreeable 
season  of  the  year;  that  food  for  man  and  beast,  as  well  as  fuel 
for  cooking,  had  to  be  transported;  and  when  all  the  other 
draw-backs  are  remend^ered,  Middleton's  achievement  appears 
wonderful.     The  nights  were  so  cold,  that  the  tent-pegs  had 


(JTTZEN  RIEL. 


01 


to  be  chopped  from  tiie  ground  with  axes.  Vef  the  scarcity 
of  fuel  prevented  the,  building  of  fires  to  warm  the  \)oox 
soldiers. 

"  Why,"  says  some  indolent  lounger,  "  anybody  can  conduct 
a  march."     No  military  man  would  make  that  remark.      Han- 
nibal's march  through  Gaul,  and  his  passage  of  the  Alj>s  have' 
done  more  to  immortalize  his  name  than  the  combined  glory 
of  Cannae  and  Thrasymene. 

General  Middlcton  arrived  at  Clarke's  Crossing  on  the  i6th 
day  of  April,  and  the  main  body  of  his  troops  two  days  later. 

It  is  worthy  of  remark,  that,  during  the  entire  march,  the 
troops  were  never  harassed  by  the  half-bieeds  or  their  Indian 
allies.  Lord  Melgund,  General  MidtUeton's  chief  of  staff, 
writes: 

"  They  [tlie  half-breeds]  never  attacked  a  convoy,  they  never  cut  the  wire 
behind  us,  and  though  Indians,  and  'Breeds'  are  born  mounted  infantry,  who  can 
shoot  as  well  from  their  horses  as  on  foot,  they  never  harassed  us  on  the  march." 

After  some  remark  about  the  earliness  of  the  season,  lie 
adds: 

"  It  would  seem  as  if  they  intended  only  to  defend  their  homes  against  in- 
vasion : "  * 

The  reader  would  do  well  to  rememlier  this  testimonv  from 
the  military  secretary  of  the  notorious  Marquis  of  Lansdowne. 
Melgund  may  be  excused  for  misunderstanding  Louis  Riel, 
whom  even  Father  Andre  calumniated  in  the  missionarv  jour- 
nals of  France.  But  it  will  be  seen,  that  Lord  Melgimd's 
heart  is  not  a  stranger  to  generous  and  charitable  thoughts. 

Two  days  after  General  Middleton's  arrival  at  Clarke's 
Crossing,  he  sent  Colonel  Otter,  with  the  troops  under  his 
command,  to  Battleford.  This  was  because  of  alarming  re- 
ports, received  from  that  quarter. 

The  general's  description  of  t.  e  passage  can  not  be  itn- 
proved.     It  is  given  intact: 

*The  Recent  Rebellion  in  the  North- West,  Nineteenth  Ct-ntury,  for  .Viigustt 
1885. 


41 


iiii' 


-;  I 


W 


1 

i 

1 

1   .■ 

i 

% 

»2 


Tin:  DLnol)  or  Ml  HI. 


V    '! 


"  I  now  (Icteniimed  to  diviilc  my  small  fmce  and  move  down  botli  •lides  of 
tlie  river,  owini;  to  the  apparently  correct  inforniaticn  I  had  received  that  Rial's 
force  only  nund.ercd  about  400  men  all  told,  and  the  knowledge  1  possessed  that 
Lt.Col.  Irvine  had  over  200  under  him  at  Prince  Albert.  I  commenced  cross- 
inc,'  over  my  left  cohuiin,  scndint,^  over  I'Vonch's  scouts  and  half  of  lioullon's 
mounted  infantry  by  the  two  scows,  wliicli  were  now  in  working  order.  'Ihe 
second  scow  1  procured  from  Saskatoon,  the  settlers  of  which  place  willingly 
gave  it  up  fortlie  ])ub!ic. service.  I  would  here  beg  to  draw  attention  to  the  work 
done  I'y  tiie  troops  toenaide  me  to  cross  this  column.  The  scow  had  to  be  made 
watertight ;  the  wire  rope  spliced,  taken  over  ant!  anchored  to  the  oiher  side  ;  a 
jilatform  and  windlass  erected  on  near  side,  to  stae'ch  the  ro|)e ;  oars  had  to  lie 
made  with  axes,  wharves  constructed,  roads  built  down  the  .steep  banks  to  tiie 
water  edge,  whicii  was  completely  blocked  by  enormou.s  blocks  of  solid  ice  ini- 
bed<led  in  tlie  thii  ke.st  and  stickiest  of  nuid,  the  river  running  at  the  rate  of  four 
miles  an  hour;   and  all  this  had  to  be  done  in  very  cold  weather.''* 

The  two  coliuniis  then  inovcd  down  the    livcr,  the  (hx  isioii 

oil  tlic  left  bank  tiiidcr  eominaiid  of   Loid  Meljruiul;  the  one 

on  the  lij^ht  was  coniinanded  b\-  (ieneral  Middleton  himself. 

On  the  24th  the  coliinm  upc^n  the  lii^^ht  hank  encountered 
the  lialf-hreeds,  under  Gtibiiel  Diiniont,  at  a  j)lace  called  .Fish 
Creek.  The  f)lhei"  di\ision  came  to  their  assistance,  when  a 
hard  battle  was  fought. 

A  proper  iniderstanding  of  this  eiif^agement  demands  a  pre- 
liminary e.\plan,ition.  .     ' 

The  sinith  branch  of  the  Saskatchewan  has  i!o  valley  strict- 
ly speakint;-.  Althouj^h  there  are  at  rare  inter\als,  low  stretches 
of  bottom.  The  course  of  the  riser  would  hardly  be  mis- 
named canon.  It  11ov\s  throu<>jh  hii^h  prairie  laml.  The  banks 
of  the  stream  and  the  adjacent  countr\  are  cut  by  ra\ines, 
throuprh  which-riviilets  feed  the  mainstream  from  either  side. 

About  eiorht  miles  above  Batoche,  on  the  ri<(ht  bank  of  the 
river  is  a  coidec,'some  fortv  feet  in  dej)th.  The  bottom  of  the 
ravine  is  one-fourth  of  a  mile  in  width,  and  heavily  timbered. 

At  this  point  ilie  h;ilf-breeds,  resolved  to  make  a  stand.  Du- 
niont  had  planned  to  draw  Middlett)n  into  an  ainbuscadc.  It 
was  the  snare  with  which  .\rminius  haddestioved  the  Roman 


■■'■Report,  Appendix  No.  1,  p.  3. 


ciriZKX  lilEL. 


93 


le^ii^iis  under  Vaiiu^'.  Had  it  proved  successful,  the  li<?lit  at 
Fish  Creek  would  liave  been  a  repetition  of  Hiaddock's  defeat. 
But  a  ^n'eatcr  than  \'arius  or  IJraddock  was  there. 

The  hardv  old  soldier  had  not  fought  the  Maori  for  nolhin<x. 
He  kept  his  scouts  in  advance  of  the  main  line.  These  tiMMied 
every  copse,  and  explored  every  crann\-. 

On  the  nii^ht  of  the  23ril,  the  ji^cneral  halted  neai-  the  farm 
of  a  settler  named   Mclntosli.     On  the   morninfj  of  the  .;  |th 
the  army  heiLjan  movini^,  about  seVen.     The  usual  precautions 
were  obser\ed.      Tlie   mounted   scouts   were    well   in  the  ad- 
vance; anil  spread  out  (to  prevent  the  possibility  of  a  sirccess- 
ful  ambuscade)  in  the  front  and  flank.     About  two  hundred 
yards  behind  these  followed  Houlton''s  mounted  infantry.   The 
advance  guard  of  the  90th  Hattalion  followed  about  two  hun- 
dred yards  in  the  rear  of  that;  and  the  main  column  in  about 
two  hundred  and  fifty  yards  behind  the  advance.    Fish  Creek 
was  six  miles  distant  from  the  Mcintosh  farm  ;  the  Canadians 
received  a  lire  from   some  bluffs  on  the   left.      This   was  pio- 
voketl  by  the  approach  oi  the  scouts,     (ienei'al  Middleton  did 
not  commit  the  military  blunder  of  Sturgis,  which  caused  the 
ilisgraceful  fiasco  at  Ountown,  during  our  late  war.     Instead 
of  double-quicking  the  main  body  up  to  support  his  skirmish- 
ers, he  caused  the  flankers  and  files  in  front  to  fall  back  upon 
his  phalanx  (so  to  speak),  thus  preventing  confusion.     After 
advancing  from  the  ravine  the  lialf-breeds  retired  again ;  and 
kept  up  a  galling  fire.     The  commanding  general  was  shot 
through  his  Astrachan  cap.     lie  shouted  to  his  raw  recruits  to 
hold  their  heads  erect;  and  pointing  to  the  hole  in  his  hat,  he 
told  them,  that  but  for  sitting  upright  his  brains  would  have 
been   knocked   out.     About  two  in   the   afternoon   all    filing; 
ceased,  except  "in  occasional  shot  from  the  ravine.     The  half- 
breeds  had  constructed  rifle-pits  in  rows,  along  the  side  of  the 
ravine,  from  which  they  picked-off  the  soldiers.     The  Cana- 
dian arniy  retired  from  the  coulee  and  that  night  they  rested 
beside  its  brink  which,  as  they  believed,  contained  the  enemy. 


.   I 


i^ 


: 


II  ^"^ 


\    1 


H 


94 


TIIH  lUJUil)  nr  AliF.L. 


1  ; 

,i 

i_    , , 

'f- 

1   1 . 

!    ■ 

pi 


The  next  il.iv  disclosed  the  fact,  tluit  Dumont  h;id  retired 
from  Fish  deck;  and  adoptinjjf  Napoleoirs  tactics  at  Mantua 
had  left  a  few  men  heliind  for  a  hlind.  The  stri.tei;cm  had 
oved  a  success. 

1  lie  loss  of  (Jcneral  Middleton's  arm}'  was  ten  killed  and 
forty  wounded.  Of  Dumont's  army  two  dead  vSionx  and  over 
(Ifty  dead  ponies  were  found  in  the  rav  inc.  It  was  said,  that, 
after  the  H^ht,  nearly  every  solilier  in  the  army  of  the  Do- 
minion claimed  to  have  killed  his  man.  Dumont  denies  that 
the  half-hreeds  lost  a  man;  and  says,  that  he  had  only  forty- 
seven  men  engajjed  in  the  fl<(ht.  The  general  places  the  in- 
surgent force  at  two  hundred  and  eighty.  It  is  prohahle,  that 
Dumont  did  not  include,  in  his^  statement,  the  auxiliary  force 
of  Indian  warriors.  General  Middleton's  force  numhered 
f(;ur  hundred  and  seven;  not  one  had  ever  heen  under  fire  he- 
fore.  The  general  has  had  many  wiseacre  critics  of  his  course, 
in  not  charging  upon  the  insurgents  in  the  coulee,  and  for  his 
general  conduct  of  the  battle.  This  is  not  the  place  to  dis- 
cuss tl' "'^e  questions.  Time,  "the  corrector  when  our  judg- 
meutserr,"  will  vindicate  the  brave  old  commander.  He  said 
enough  good  men  had  fallen;  and  he  was  right. 

The  general  placed  the  hole  in  his  cap  to  the  credit  of  Ga- 
briel Dumont  himself.  But  credited  himself  with  a  victory. 
Therq  can  be  no  doubt,  but  Middleton  did  eveiything  at  Fish 
Creek  which  a  gallant  soldier,  an  able  commander  could  do. 
But,  when  it  is  claimed,  that  he  won  a  victory,  one  feels  al- 
most like  quoting  Suwarrow's  words,  when  he  was  saluted  as 
a  second  Hannibal  after  his  fight  with  Marshal  Macdonald  at 
Trebia:  "  Another  such  victory  and  we  are  ruined." 

On  the  day  following  the  battle  the  brave  boys  slain  at 
Fish  Creek  were  buried  with  the  honours  of  war;  and  a  cairn 
and  a  cross  mark  the  spot.  , 

"  Their  requiem — the  music  of  the  river's  s  irging  tide; 
Their  funeral  wreaths — the  wild  flowei.?  that  grow  on  every  side ; 
Their  monument — undying  praise  from  each  Canadian  heart, 
That  hears  how,  for  their  country's  sake,  they  nobly  bore  their  part." 


; 


, 


viTi/.i:s  nii:L. 


!».) 


On  the  5th  of  May  tlu'  steamer  Xoitluote  arrived  from 
Swift  (.'unent  (a  station  <»n  tlie  Canadian  Pacitic ),  li.i\  ini;  on 
board  supplies,  trooj)s  and  the  GatHnj^  ^nn  with  the  famous 
poltroon  in  command.  Two  days  later  the  trof)ps  beji^an  to 
move  upon  JJatoche,  wiiere  the  ch)sin<^  scene  in  this  tt  irible 
tb'ania  was  to  bu  enacted.  I'iie  sjfeneral  had  iiroujj^ht  his  left 
column  across  the  ri\er  to  join  his  ri<jjht. 

The  entire  country  between  (jabriel's  Crossiufr  and  JJatoche 
was  cut  up  into  wooded  ravines;  some  of  them  fifty  feet  in 
<lepth. 

On  the  next  day  after  leavinjj^  Fisii  Creek,  the  wily  com- 
mantler  abandoned  the  dan<j^erous  trail  alon<^  the  river,  and 
marching  to  the  eastwanl,  and  then  to  the  nortii-west,  struck 
the  trail  from  lIund)ol(lt  to  Hatoche,  alxnit  nine  miles  from 
the  latter  place,  and  canij)ed  for  the  nij^lit.  As  s(jon  as  the 
camp  was  selected,  rememl)erin<;  the  ada^^e,  "  A  ^ood  <]fen- 
eral  piovides  for  a  retreat,"  Middleton  puslicd  on  with  some 
of  lioulton's  mounted  infantry  to  within  four  miles  of  Ha- 
toche, where  he  selected  a  site  for  a  camp,  in  case 'it  became 
necessary  to  fall  back  from  Ijaioche. 

In  \he  deej)  and  wooded  ravines  which  surrounded  this 
place.  Nature  had  provided  a  formidable  rampart.  The  half- 
breeds  had  added  somethiuf^  to  her  fastnesses.  The  riile-jiit, 
an  invention  of  civilized  man,  had  been  utilized  by  these  guer- 
illa warriors.  These  had  been  dug  to  the  depth  of  ten  feet; 
were  located  in  the  most  stratej^c  points,  and  in  firm,  sandy 
soil.  They  were  always  placed  at  the  eilge  of  wootls,  with 
the  ground  usually  sloping  to  the  rear,  and  extending  up- 
ward or  horizontally  to  the  front.  They  wxre  constructed 
with  loop-holes  made  of  logs  and  a*  ramp  to  descend  l)y,  with 
liranches  stuck  into  turned-up  earth  to  conceal  the  pit.  Tlis'se 
rifle-pits  form  one  of  the  most  important  strategical  features 
of  this  singular  campaign. 

Never,  since  the  little  army  of  Leonidas  made  their  stand 
at  Thermopyhe  against  the  myriads  of  Xerxes,  has  the  world 


i'l 


1'  ■  i 


• '.  ;  .1 


1    % 


l.il 


i      :i'  }i 


.,m 


96 


77//-;  ni.nitt)  of  miel 


seen  a  more  tlcsperati;  and   lK'if)ic  (lefeiice  tliau  was  made  !>}• 
the  half-breeds  ai  liatoche. 

It  is  not  chiimed  that  in  the  w.n  upon  the  Saskatchewan 
the  advanta<^es  were  all  on  one  side.  I'ar  fiom  it  I  Thehalf- 
hreeds  jiad  tlie  ndvanta<^e  of  heiiin'  npoti  the  defensive,  of 
beiu}^  skilled  in  prairie  warfare,  and  of  l)ein«>^  uiuler  the  lead- 
iTship  of  a  chief  whose  ahility  as  a  partisan  commander  has 
hardly  been  surpassed  in  the  history  of  the  woild.  There 
were  other  advantaj^es,  already  mentioned,  in  tlie  nature  of 
the  country  and  the  ritle-pits. 

The  Canadians  had  the  advantage  oi  superior  numbers;  of 
arms,  ammunition  and  artillery;  of  a  ciMmnander  with  a  va- 
ried experience  in  all  kinds  of  warfare;  of  the  moral  force  of 
an  established  fj^overnment  at  their  backs,  antl  last,  but  not 
least,  the  (iatlin<j  ^un. 

Here  one  can  not  forget  the  iireverent  remark  of  Napol- 
eon, that  Cxotf  is  always  on  the  side  of   tlu*  heaviest  artillery. 

Atiy  one  familiar  w  ith  the  history  of  Schamyl's  war  ai^ainst 
the  T  ,ir,  or  the  campai^^n  of  the  old  Spanish  chief  Sartorius, 
while  contendinjj;  with  the  armies  of  Rome,  will  understand 
that  superior  mmibers  are  not  alwaxs  an  insurmountable  ad- 
vanta<;^e. 

On  the  morning  of  the  9th  of  May,  1885,  the  army  luider 
General  Middleton  left  their  camp  standinj^  and  moved  uj^on 
13atoche.  Tht^y  pushed  on  without  opposition  to  the  point 
where  the  Humboldt  trail  struck  the  river  before  turnin<jj 
down  to  Batoche,  about  one-half  mile  from  the  Catholic 
church.  Between  this  place  and  the  church  there  were  three 
houses,  near  which  some  men  were  standing.  A  discharge 
from  the  Gatling  gun  ilispersed  them,  and  the  Canadians 
moved  slowly  toward  the  church.  From  a  house  ujoon  the 
further  side  of  the  church  a  white  flag  was  being  displayed. 
The  general  rode  up  to  this,  and  found  three  or  four  priests, 
some  sisters  of  charity,  and  half-breed  women  and  th6ir  chil- 
dren. 


ciriZKy  h'lHL. 


w 


The  chinch  of  Saint  Aiith(jpy  of  l*a(hia  looks  down  upon 
the  valley,  or,  rather,  |)lain  of  liatoche,  which  is  an  elliptical 
basin,  surrounded  by  a  ridj^e  broken  by  wooded  ravines.  In 
the  bluffs  around  this  basin  the  half-breeds  hail  entrenched 
themselves  in  the  rille-pits,  before  described. 

The  artillery  was  placed  to  command  the  positioii  of  the 
half-breeds,  and  a  discharge  of  shell  and  shot  was  opened 
upon  the  little  haudet  of  Hatoche.  The  Imildings  were  lij^iit 
and  tlie  consequent  injury  was  not  }^i"eat.  A  suilden  and  un- 
expected fire  was  received  from  the  insurgent  sharp-shooters 
who  were  concealed.  The  discharj^e  was  accompanieil  by  a 
whoop,  but  the  shot  was  too  high,  ^'et  the  surprise  almost 
caused  a  stampede  among  the  Canadians.  A  rush  from  the 
desperate  insurgents  liad  nearly  captured  the  Canatlian  bat- 
tery, when  Captain  Peters  came  up  with  the  Gatling  gun; 
and  the  New  Haven  carriage-maker  seized  the  crank,  and 
scattered  the  terrible  missiles  of  destruction  upon  the  little 
band  of  j^atriots  with  the  brutal  remark:  "  I'll  show  you  how 
to  take  guns."  This  murderous  volley  was  followed  by  a 
harvest  of  death,  shocking  to  any  one  but  the  biped  who 
sowed  the  seed. 

•'  In  vain,  alas  I  in  vain  !     \  e  gallant  few  !" 

The  batterv  i^uns  were  lemoved  bevond  the  reach  of  the 
discomrtted  insurgents. 

A  detailed  account  of  this  and  the  three  subsecjuent  days' 
fighting  will  be  reserved  for  another  work,  before  mentioned, 
^uflice  it  to  say,  that  the  sun  went  down  on  the  evening  of 
the  Qth  of  May,  18S5,  and  witnessed  no  substantial  advantage 
to  either  of  the  contending,  armies  at  Batoche.  The  troops 
bivouacked  upon  the  fiel<l;  and  slept  with  their  guns  in  their 
hands. 

The  following  day  was  Sunday,  which  passed  without  inci- 
dent, save  the  bombardment  of  a  gravely ard  by  the  Winnipeg 
battery. 

The  next  day  was  "as  the  last  was,  as  the  next  [apparent- 


I 


ii 


i 


ii. 


!»N 


77//;  ni.ooi)  OF  Mu:i., 


«'i 


I  i 


I}'  I  would  I'c."  '^1  lie  lialf-hret'ils  rrni;iinctl  stculfastly  in  their 
ritlc'-pits.  At  evuiiinj^  (icncial  MuMlctoii  mij^'ht  liaxc  ail- 
(Iresscd  his  troops,  in  the  words  of  Zachary  Taylor  at  I'alo 
Alto:     ^' My  hardy  cocks,  the  bayonet  is  the  thing." 

The  (hiy  followinji^,  while  planninjj^  a  ji^eneral  and  decided 
attack,  Middleton  tlistinj^nished  a  white  Ha<(  at  a  point  in  the 
enemy's  lines.  Tin;  hearer  was  Astlcy^one  of  1<  ieTs  prisoners, 
w  ho  was  also  the  l)eaier  of  the  following"  note: 

"  r.ATOCIII  . 

"  If  you  mas.-.acie  our  families,  wc  are  yoing  to  massacre  ihc  Iiuiiun  agent 

aii'l  other  prisoners. 

'•  louis  'DAvn)"  Ru;i , 

•'  iVi  I.  W.  Astlcy.  Ijearer,  A/,iy  ulii,  /SSj;. 

This  wa-^  taken  as  i\  cDnfessjon  of  weakness;  and  the  'jfen- 
eral  replied  as  follows; 

'•  .)/</.!■  /_'///,  /.V,?,-. 

"  Mk.  KiKi, — I  am  anxious  lu  avoid  killing  women  and   cliildrcn  and  liavu 

done  my  l)csl  to  avoid  doing  so.      I'ul  your  women  and  children  in  one  place 

and  lei  ii>  know  where  it  is,  and  no  shot  shall  l)c  tired  on  them.     I  trust  to  youi 

liunov  not  t')  put  men  with  them. 

•'  I'Ri'',!).  Mn)i;i.Kr<iN* 

"  f.'W.  a:  W.  /-ir/J  rorcysr 
The  forenoon  was  passed  in  firing  l)etween  sharp-shooters 
on  eitiier  side.  The  men  took  their  dinner  in  the  trenches. 
In  the  afternoon  a  general  advance  was  made;  and  the  half- 
breeds  were  chiven  from  their  rifle-pits  to  the  cemetery.  A 
portion  of  the  Canadian  troops  entered  a  ravine  which  encir- 
cled the  cemetery,  and  shot  the  half-breeds  in  the  rifle-pits, 
b.ivoneted  the  survivors  in  their  vain  attempt  at  flight.  At 
this  time  the  general   received  a  call  from   Astley,  who  was 

the  bearer  of  another  note.     It  read:  • 

"Batoche,  1 2th  May,  /SS^. 
"  Alujor-dt'itern'  Miiidleton  : 

"Gknkrai, — Your  prompt  answer  to  my  note  shows  that  I  was  right  in  men- 
tioning to  you  the  cause  of  humanity.  We  will  gather  our  families  in  one  place, 
and  as  soon  as  it  is  done  we  will  let  you  know. 

"  1  have  the  honor  to  be,  Cieneral, 

"  Your  humble  servant, 
•  "Louis  'DA\in'  Kiel." 


(II  i/.i':.\  in  III.. 


ICI 


as 


I'pon  till' fin  ill  t|)i.'  w;!-.  t  111"  fol|(t\viii'4,  ill  K  iiT^  iKind-wril- 
iii'^;,  luit  with. Mil  *i;;ii;itiirc : 

",1  do  not  liUe  war,  and  if  you  dn  not,  retreat  and  refuse  an  interview,  the 

(iue>ii(in  rem.iiiuiiii  llie  same,  tlic  prisoners," 

riu'  i^i'iicral  rc])liL'(l,  that  hi>  troops  would  ccaM.-  liiin;; 
wIk'U  the  ciR'iny  lUcI,  and  not  hcfore.  After  this  Kiel's  little 
hand  of  j)atiiots  foiijriu  with  tlie  coura«;e  i^orn  of  des|)air. 
Ihit  it  was  all  in  \ain,  the  havonet  and  the  (iatlin^^  did  the 
woiK,  The  \illajre  was  lanied,  KiePs  eoinu-il  honse  was 
captiiieil;  and  his  piisoneis  wen-  released.  The  chief  antl  his 
lifiitenant  escaped.      The  latter  Hew  to  thi'  I'nited  States. 

Three  davs,  after \varil,  Kiel  surrendered  hiinsflf  to  tw() 
scouts,  Ilouric  and  Annstron^f,  This  surreiuler  was  made  on 
the  strength  of  a  letter  received  from  (ieneral  Middleton, 
promisin*:^,  in  effect,  as  the  'general  testified,  protection  fiom 
i^umediate  violence,  and  a  liial  t)y  law,  ilononrahle  Kdward 
J)Iake  connnents  as  follows: 

"Now  the  Honourable  Minister  of  Militia  (Adolpiie  I'.  Caion)  referred  to 
wliat  he  called  the  evidence  with  re^anl  to  the  letter  of  (Jeneral  Middleton  to 
Kiel:  yet  he  did  not  satisfy  ine  that  Kiel  did  not  surrender  on  that  letter.  The 
statement  ol  Colonel  Itoulton  was  directly  to  the  contrary,  and  if  we  remember 
the  whole  circumstances  of  the  case — the  lime  (ieneral  Middleton  wrote  the 
letter,  and  the  condition  of  things  statedly  the  First  Minister  in  one  of  the  dis- 
cussions last  ses!%ion  as  to  papers — I  do  not  think  that  is  a  fair  inference  fiom 
the  evidence.  Hut  the  llonourahle  Minister  said  he  would  jirove  the  purpose 
for  whicli  the  letter  was  {;iven,  and  he  prove<l  it  by  reading  a  letter  from  the 
.Major-(  ieneral,  who,  he  said,  had  been  told  by  some  one  that  Kiel  was  afiaid 
of  being  killed  in  the  camp.  That  was  not  very  good  evidence  against  i'viel,as 
the  honouralile gentleman  knows.  The  intent  with  which  (ieneral  Middleton 
sent  the  letter  is  of  no  consei|uence.  The  fiuestion  is,  what  does  the  letter  fairly 
import.  The  authority  of  (ieneral  Middleton  is  not  of  any  conse'iuence,  if  that 
were  disputed,  though  I  do  not  sujipose  it  is.  Now,  the  ipiestion,  to  my  mind, 
on  this  subject  is  just  this  :  Is  it  for  the  honour  and  credit  of  the  volunteers  of 
('anada  that  it  should  l)e  declared  that  that  paper  was  sent  in  order  to  warrant 
the  prisoner,  if  he  surrenderetl  himself,  against  lynch  law?  Is  it  to  the  credit 
and  honour  of  the  volunteers  to  say  that  it  was  necessary  for  a  Major-(  ieneral  in 
ihe  Uritish  army,  to  give  assurance  tg  Kiel  and  his  council  that  they  would  not 
be  lynched  if  they  surrendered  themselves.     I  should  be  sorry  to  come  to  any 


i  I   ' 


rti 


I 


! 


I  t 
1 


\   I 


u,-  < 


t 


|(N) 


////;  iti.iKHi  nr  A/u:/,. 


•i| 


Mich  comlusiuii ;  and  then,  tlic  ({MeHtion  reniaiiis :  \Va.s  it  not  leasonahle  to  iic- 
lieve  that  the  result  of  this  stati-nicnt  wis,  \  ou  shall  not,  in  fact,  he  exposcii  to 
the  very  worst  that  you  can  possihly  he  exposed  to  if  you  are  caught — that  is, 
<lcath.  !  think  the  lihenil  intfri'ietarioii  of  that  letter,  in  the  sense  and  spirit 
in  which  such  letters  and  assuram  es  have  heen  interpreted  in  all  events  of  liiis 
description,  would  have  letl  to  that  conclusion.  "'' 

The  text  of  this  letter  h;is  iievei"  come  to  the  kiiovvletl;;e  <»f 
the  writer,  and,  always  havliij;j  heeii  an  admirer  of  the  old 
^(eneral,  he  w«)tild  prt^hably  he  a  prejudiced  judj^e.  'rhr()ii<rh- 
oiit  the  late  diilicidty  in  the  North-West  the  atithor  looked  at 
the  general  with  the  eyes  of  love  and  enthusiastic  admiration, 
and  regarded  him  as  the  moral  Agamemnon  who  towered 
above  the  others. 

Louis  Kiel  was  taken  down  the  Saskatchewan  on  the  Xortli- 
cote  and  was  placed  in  custody  of  an  escort  imder  command  of 
Cai)tain  \'oii'.ig  of  the  Winnipeg  I'^ield  Hattery,  and  scut  to 
Regina,l)y  way  of  Humboldt,  there  to  await  the  further  pleas- 
ure of  the  Dominion  government.  The  Reverend  I'itbhulo  of 
Winnipeg  accompaiiieil  the  escort.  This  gentleman,  althoiigli 
he  did  not  regard  Riel  as  a  great  soldier,  repelled  the  charge 
of  cowardice  made  against  him. 

Riel  was  contnied  at  the  Mounted  I'olice  13arracks,  about 
two  miles  from  the  city.  After  being  kept  there  for  about 
two  months,  he  was  brought  for  trial  before  Honourable 
Hugh  Richardson,f  a  stipendiary  magistrate. 

This  gentlemati  has  been  the  victim  of  ridicule  and  the  tar- 
get of  abuse  from  every  champion  of  Riel  and  his  cause.  An 
editorial  found  in  the  Springfield  Republicans'^  entitled, 
^''Canada's  Condemned  '^I^raitor^''  describes  him  as:  "A 
bushy-whiskered,  big-necketl  frontier  j^istice."  This  is  all 
wrong.. 

*  See  the  J/aiisari/. 

t  It  i.s  true  theie  was  a  justice  of  the  peace,  named  Henry  Le  Jeune  sittini^ 
with  Mr.  justice  Richardson,  but  the  former  reminds  the  writer  of  one  of  the 
side  j\ulges  they  used  to  have  in  the  State  of  Vermont — a  judicial  nonentity. 

:;  See  weekly  issue  for  August  7,  1885. 


CI  11 /.IS  mil. 


101 


Lieiitciiant'C'oloiU'l  llii^^li  KkIiiiiiUom  Wiis,  :il  flu'  tinu' of 
the  trial,  in  his  sixtieth  \ear.  He  was  called  to  the  har  when 
he  was  twenty-one  yeais  old  ;  and  was  cnj^ayjed  in  active  prac- 
tice for  twenty-nine  years;  dminy;  ll\e  he  held  the  position  of 
L'onnty  .Attorney.  I'oi  nine  years  l\e  had  heiii  Stipendiary 
Ma;(i'-trate,  a  position  whose  importance  has,  alread\,  heen 
(lescrihed.  lie  is  a  native  of  l^n^land;  and  a  j^entlenian  of 
learning,  lirnmess  and  inte^nit\.  If  occasion  is  fonnd  to  criti- 
cise the  conduct  of  Kiel's  fri.il,  the  fault  lies  deeper  than  the 
character  or  the  ability  <»f  the  nia;;istrate  himself.  It  must 
he  soULjht  in  ihe  accursed  judicial  system  itself.  NOw  the 
wiitcr  will  not  retract  a  syllaMeof  the  first  part  of  Ids  w<»rU. 
Hut  he  will  sa\-,  sonu-  thinj^s  l)\-  \va\   of  supplement. 

I'rofessor  IJiyce,  in  ids  ahlc  work  before  lited,  under  the 
title,  "  I'ure  justiciary,"  expresses  himself  as  follows: 

"One  of  the  ijreat  advanta^;es  ol  llic  province  over  tlic  nci^lihonrinj;  states  is 
ill  the  adiiiiiiisiralii)n  ot  jiistue.  In  the  I  niled  States  tlie  judges  are  electetl  hy 
the  iifople  directly.  .Vccordiimiy.  if  tlie  jud^e  he  elected  hy  the  Kepulilicans, 
he  is  fxpecteil  to  deal  out  hard  measure  to  ihe  I  >eiiiocrats,  and  ;'/(,■  i-er^i.  'I"he 
result  of  this  is  simply  fri^dnful,  Sueh  a  thing  as  gaining  lair  play  from  a  judge 
ol  adverse  political  opinions  is  not  counted  on  in  many  parts  of  the  I  iiited 
States.     This  gives  rise  to  a  va-<l  amount  of  trickery  and  collusion  in  business." 

"  The  llanudian  of  the  present  day 
looks  with  great  pleasure  on  tlie  higli  character  and  inijiartiality  of  tlie  l)cncli  ul 
Canada.  It  is  the  Kiiglish  law  which  prevails.  Tlie  dignity  of  the  court  is 
maintained  by  the  use  of  a  suitable  co.stume,  and  the  authority  of  the  bench  is 
parami.iuni.  The  appearance  t)f  .\niericau  courts,  where  the  lawyers  appear  in 
grey  clothing  if  they  i  hoose,  and  as.sume  tlie  most  'free  and  easy  '  maimers,  is 
alisolutely  distressing.  It  is  related  to  have  occurred  in  Kansas  that  a  court- 
crier,  in  adjourning  the  court,  did  so  in  the  following  words,  '()  yes!  ()  yes  ; 
<  >  yes!     'l'lii>  whole  outfit  will  adjourn  till  to  morrow  morning.'  "  * 

Tliere  is  a  plain,  thoujj^h  expressive,  Saxon  worti  of  three 
letters;  hut  it  is  more  forcible  than  elej^ant.  The  writer  dis- 
likes to  use  it,  while  the  utjly  monster  almost  forces  itself 
upon  l)i->  lijjs.  Ilail  he  the  style  of  a  Juinus  he  miu^ht  picttire, 
without   naminjj^,  a  man  whose   heart  could   conceive,   whose 

*  Manitoba:   Its  Infancy,  Crowth  and  Present  Condition,  jiage  ,;57. 


I 


I! 


i 


I 


111 


•si' I 

W 


rii 


102 


rm:  ji/jxn)  of  aiiij. 


brain  could  cn^ciuler,  and  whose  liand  couKl  pen  such  fad- 
loss  thiii<ijs.  'riie  Manitoba  professor  nuist  have  taken  the  fic- 
tion of  the  Kansas  coml-criei"  (an  otlicer,  bv  the  In ,  un- 
known in  ihu  States)  fi-oni  some  comic  almanac. 

The  authoi'  will  enter  upon  no  defence  of  the  elective  judi- 
ciary system.  ^^)r  he  does  not,  and  never  did  believe  in  it. 
It  has  been  tittins^lv  describeti  as  '' (lem<K-racy  run  mad."' 
But,  with  all  its  faults,  the  elective  system  is  far  better  than 
the  judiciary  that  exists  (like  tiie  judiciary  which  tried  Kiel) 
during'  the  pleasure  of  tlv:;  <i^overnnicnt  whose  creature  it  is. 
Tliis  elective  svstem  ma\'  have  a  tendencv  to  dema^ot,nsm, 
an(.,  in  some  instances  does  create  judicial  charlatans,  like 
Absalom,  who  would  be  iiid;^e  in  Israel. 

Ihit  even  Abs;dom  is  preferable  to  Jeffreys. 

It  is  net  meant  to  abuse  Colonel  Richardson ;  but  it  nni>-l  be 
insisted  that  he  is  human.  lie  held  an  otlice  whose  tenure  vv  as 
de])eiident  upon  the  <jjood  pleasure  of  the  administration  ;it 
Ottawa,  lie  '\as  the  secretarv ,  or  cleik,  and  the  le<j^al  adviser 
of  the  North-VV'e;-.t  Council.  I  le  was  receivin<if  a  salarv  from 
the  Dominion  of  $3,000,  aujj^mentcd  by  percpiisites  tc^  nearly 
$2,000  more.  If  he  was  able  to  sit  in  the  case,  and  ineside 
without  bias,  he  was  certainly  a  verv  superior  man,  one  whose 
like  the  world  has  hardly  seen  since  the  days  of  Aristides.  ^'et 
it  must  be  ;itlmitted  that  he  succeeded  better  than  most  men 
vvoidtl  have  done. 

Kiel  was  bronjjht  to  trial  upon  an  information  verified  and 
fileil  by  Alexander  David  Stewart,  Chief  of  Police  of  Hamil- 
ton, Ontario.  The  information  containeil  six  counts.  The 
following  counsel  apjieared  for  the  Crown:  Messrs,  RoImm- 
son,  Osier,  Scott,  Casgrain  and  IJurbidge,  Deputy  Minister 
of   lustice. 

The  prisftner  was  defended  by  Francis  X,  Lemieux,  Charles 
Fitzpatrick  and  Messrs.  Johnston  and  (Jreenshields. 

From  the  outset  it  was  evident  that  the  Govermnent  was 
iletermined  to  have  the  jirisoner's  blood.     A  large  numlievof 


/ 


uri/.ES  ini:L. 


108 


hnlf-hreeds  hiul  l>ccii  captiirod.  But  all  of  tlu-se,  sa\c  Rid, 
had  been  chaiLjed  simply  with  treason-felony,  a  crinie  pun- 
ishable only  with  pcrjxtual  imprisonment,  while  Riel  had 
been  chained  with  hi*;h  treason,  the  punishment  of  whii'h 
was  death.  The  reason  for  this  was  so  plain  that  he  who 
runs  ma}'  read.  Hehintl  the  scenes  stood  the  NemL.is  of 
Tiiom.is  Scott.  There  were  in  Ontario  two  thousand  ()ran<je 
lodges  clamourint;  for  the  blood  of  Riel.  Onlv  the  life  of  a 
wild  enthu«-iast  descended  from  a  "very  mixed  slock  of  In- 
diaiis,  half-breeds  and  Irish  whites,"  lav  between  Sir  John  A. 
Macdonald  and  the  united  suppoit  of  the  ()ran<j^emen  of  On- 
tario. The"  Dominion  (joxernment  was  the  prosi-cutor  in  a 
higher  seii^c  than  the  mere  title  of  the  cause  would  implv. 
RieTs  trial  was  empliatically  a  state  trial.  It  leminds  one  of 
the  days  (^f  the  l^arl  of  I-^ssex  or  of  Lady  Alice  Lisle.  This 
tyrant's  plea  of  state  necessity  was  elotpientlv  and  noM\-  de- 
scribed by  I'ranklin  I'ierce,  afterwards  Piesidcnt  of  the  I'nitetl 
States,  in  a  speech  before  the  Federal  Senate: 

"Sir,  tills  demand  of  the  iiaiion, — this  plea  of  state  of  necessity, — let  me 
tell  geiilleiiien,  is  a>  old  as  the  history  of  wrong  and  njipression.  It  has  been 
the  standipi;  plea,  the  never-failing  resort  of  despotism. 

"The  great  hiHus  (aund  it  a  convenient  plea  wIilmi  he  resorted  the  tii^nify 
of  the  Roman  Senate,  Iml  desuoyed  its  indi-peiiUeuie.  It  gave  coumenancc  to, 
and  justilied,  all  the  atrocities  of  the  Inijuisiiion  in  Spain.  It  forceil  out  the 
stilled  groans  that  issued  from  the  Hlack  Hole  of  ("alcutta.  It  was  written  in 
tears  upon  the  liridge  of  Sighs  in  X'enice.  and  pointed  to  those  dark  recesses 
upon  whose  gloomy  thresliolds  there  was  never  seen  a  returning  footprint. 

"  It  was  thejiloa  of  the  austrre  and  ambitious  StralTord,  in  the  days  of  Charles 
I.  li  tilled  the  IJastile  of  France,  and  lent  its  sanction  to  the  terrible  atrocities 
perpetrated  there.  It  was  this  plea  that  snatched  the  mild,  elocpieni  and  pa- 
triotic Camille  Desmoulins  from  his  young  and  beautiful  wife  and  hurried  him 
to  the  guillotine,  with  thousamls  of  others,  ecpially  unolVending  and  innocent. 
It  was  upon  this  plea  liiat  the  greatest  of  generals,  if  not  men,  -you  cannot  mis- 
take me, —  I  mean  him,  the  presence  of  whose  very  ashes,  within  the  last  fev/ 
months,  sufticed  to  stir  the  hearts  of  a  continent,— it  was  upon  this  plea  that  he 
abjured  the  noble  wife  who  had  thrown  light  and  gladness  around  his  immbler 
days,  and,  by  her  own  lofty  energies  an<l  high  intellect,  had  encouraged  his 
aspirations.     It  was  upon  this  plea  that  he  committed  that  worst  and  nosl  fatal 


;H  ;i 


\\ 


t  < 


1 

L ' 

i 

1 

Ill 


) 

i 

■i: 

' 

1 

i 

1 

! 

i 

ihiii 

Kj 

^1 

104 


71/ /'J  liUtOD  OF  AllKL. 


act  of  lii^>  eventful  life.  Upon  this,  too,  he  drew  around  his  person  the  imperial 
purple.  It  has  in  all  times,  and  in  every  aye,  been  the  foe  of  liberty,  and  the 
indispensable  stay  of  usurjjation. 

"  Where  were  the  chains  of  despotism  ever  thrown  around  the  freedom  of 
speech  and  of  the  press  but  on  this  pleaof  statk  of  NECKSsity?  Let  the  spirit 
of  Charles  X.  and  of  his  ministers  answer. 

"  It  is  cold,  selfish,  heartless,  and  has  always  l)een  rej^ardless  of  age,  sex, 
condition,  services,  or  any  of  the  incidents  of  life  that  appeal  to  patriotism  or 
humanity.  Wherever  its  authority  has  been  acknowledged,  it  has  assailed  men 
who  stood  by  their  country  when  she  needed  strong  arms  and  bold  hearts,  and 
has  assailed  them  when,  maimed  and  disableil  in  her  service,  they  could  no 
longer  brandish  a  weapon  in  her  defence.  It  has  afilicted  the  feeble  and  de 
pendent  wife  for  the  imaginary  faults  of  the  husband.  It  has  stricken  down 
Innocence  in  its  beauty,  ^■outh  in  its  freshness.  Manhood  in  its  vigor,  and  Age 
in  its  leeljleness  and  decrepitude. '■■'^' 

The  trial  began  on  the  2oth  of  July.  The  prisoner's  eoiin- 
sel  made  an  abortive  attempt  to  obtain  a  continuance  for  the 
purpose  of  procurino^  testimony.  One  part  of  the  testimony 
described  in  the  application  was  a  certificate  of  Riers  natural- 
ization. An  adjournment  of  one  week  was  finally  agreed 
upon.  The  question  of  citizenship  was  afterwards  Jtolally 
ignored  bv  counsel  and  court. 

Thomas  D.  Rambatit,  of  tiie  New  Yoi  k  bar,  has  written  a 
pamphlet  of  167  pages.  The  oliject  of  the  book  is  the  an- 
tithesis of  this.  This  profoimd  writer  takes  the  trouble  to 
inform  his  readers  that,  preliminary  to  the  trial  of  Riel,  "No 
coroner's  iiKpiest  had  been  held  nor  indictment  fotmd  by  the 
grand  jury."  What,  in  the,  name  of  all  that  is  mysterious, 
would  they  hold  a  coroner's  inquest  upon  in  a  case  of  high 
treason!  The  hotly  politic?  Such  ipiestions  are  fathomless 
for  ordinary  mortals,  and  must  be  reserved  for  members  of 
the  New  York  bar. 

On  the  2Sth  day  of  Jidy  the  trial  began  in  earnest.  Coun- 
sellor Osier  opened  on  behalf  of  the  Crown.  The  prosecu- 
tion called  fourteen  witnesses,  who  testified  as  to  the  affair  at 
Duck    Lake    ami   the  battles  of    Fish  Creek   and    Batoche. 


CITI'/.ES'  lilEL. 


1(|- 


Doctor  \Villou<^hl))-,  of  Saskatoon,  aiul  Thomas  Macka\ ,  of 
Prince  All)ert,  were  the  chief  witnesses  to  prove  the  aninuis 
of  Riel  from  declarations  made  liy  him.  (itneial  Fiederick 
D.  Middleton  and  John  \V.  Astley  were  the  chief  witnesses 
to  prove  RieTs  leadership  and  direction  of  the  rebellion. 
There  was  mnch  documentary  evidence,  amonuj  other  thinj^s 
a  letter  in  RiePs  handwriting;  found  in  I'oundniaker's.camp. 
No  proper  foundation  was  laitl  for  the  introduction  of  tliis 
tlocument,  its  recei|)t  hy  Poundmaker  not  ha\in>j  been  shown. 
When  Robinson  came  to  sum-up  the  case  for  the  Crown  he 
made  use  of  this  lanofuage: 

"  My  learned  frieiui,  Mr.  Fitzpatrick,  must  have  forgotten  n  hat  i>  line  to  a 
prisoner  when  he  clian^cd  tho>^e  who  were  acting  for  the  Crown  with  some 
warnitli  for  not  Iiavini;  called  I'oundmaker  to  prove  the  receipt  of  that  docu- 
ment.  He  was  good  enough  at  the  same  time  to  say  that  those  who  were  oor.- 
liucting  the  case  for  the  Crown  were  persons  who  understood  (iiir  jilay.  It  was 
because  we  did  understand  fair  play,  because  it  would  have  been  improjier  tu 
have  called  Poundmaker  to  swear  to  that,  that  we  di'l  not  call  him.  If  we  had 
attempted  to  put  i'oundmaker  in  tlie  box  to  prove  the  receipt  of  tiiis  document 
we  should  have  been  asking  I'oundmaker  to  declare  on  his  oath  his  own  com 
plicity  in  this  rebellion,  and  Poundmaker  would  have  said  to  us;  'I  decline  to 
answer  your  (|uestions,'  and  any  judge  would  have  said  to  those  wlio  acted  for 
the  ( 'rown  :  '( leutlemen,  you  had  no  business  to  put  a  man  in  tliat  position.' 
Now  that  is  our  answer  on  the  part  of  tiie  Crown  to  the  charge  that  we  didn't 
call  the  prisoners  to  prove  their  own  guilt  out  of  their  own  muutli." 

That  is  to  say,  when  you  can  not  lay  the  proper  foundation 
for  the  introduction  of  a  document,  von  are  entitled  to  |)ut  it 
in  any  way. 

The  Crown  utterly  failed  to  show  that  either  Duck  Lake, 
Fi^h  Creek  or  Hatoche  were  within  the  Realm  of  Her  Maj- 
esty. This  was,  probably,  on  tiie  theory  that  Riel  was  a  cit- 
izen of  (ireat  Britain,  and,  conseijuently,  the  pioof  of  a  venue 
was  not  necessary.  Several  Crown  witnesses  testitied  to 
RiePs  abuse  of  jirisoners.  This  was  in  contradiction  of  Lord 
Melgimd,  who  wrote,  that  the  half-breeds  treated  their  pris- 
oners well.*  ■ 

*  Article  in  the  Nineteenth  Century.,  August,  1885. 


>u; 


'•■.! 


111  J 


t-t 


... 


I 


KK) 


THE  liLOOJ)  UF  MiKL. 


When  tlic  CiDwii  witness  Nc^lin  was  l)einji^  cross-examined 
the  defendant  interfered  in  tlie  nianafiff  Jiient  of  ilie  case  hy 
his  lawyers,  ohjectinj^  to  the  plea  of  insanity.  The  court  held, 
that  once  he  had  counsel  he  could  not  interfere. 

Counsellor  (jreenshields  opened  on  behalf  of  the  prisoner. 
His  speech  is  said  to  have  been  an  elo(|uent  and  exhaustive 
history  of  the  half-breed  difficulties.  The  writer  has  never 
been  able  to  procure  a  copy  of  it.  For  same  reason  the  i^oy- 
ernment  at  Ottawa  have  excluded  it  from  their  published 
documents.  This  reason  is  plain  and  clear.  The  tlefcnce 
sought  to  show  the  state  of  affairs  in  the  SasUatchew  an  val- 
ley, the  <i^rievances  of  the  half-breeds,  and-so-forth.  This  tes- 
timony was  excluded.  The  defence  was  compelled  to  fall 
back  upon  the  plea  of  insanity.  Kiel's  lawyers  fought  for 
him  at  Kegina  as  bravely  as  did  his  half-breeds  at  Hatoche. 
They  called  six  witnesses  to  prove  the  prisoner's  insanity. 

One  of  these  was  Doctor  Roy,  who  had  treated  Riel  at 
Beaujjort  asylum.  There  was  another  expert  called  by  the 
prisoner^  counsel.  Doctor  Clarke.     The  defence  restcil. 

Then  the  Crown  called  seven  witnesses  to  rebut  the  f>lea 
of  insanity.  Rambaut  insists  that  the  preponderance  of  tes- 
timony on  this  point  was  with  the  Crown.  The  rule,  that 
the  greater  nimiber  of  witnesses  constitute  the  preponderance, 
must  be  something  jjeculiar  to  New  York  practice. 

Counsellor  Fit/patrick  summed-up  on  behalf  of  the  defend- 
ant, probably  iu  as  able  a  manner  as  the  testiiriony  would  allow. 

The  prisoner  was  permitted  to  address  the  jury  in  his  own 
behalf.  The  address  is  thus  described  by  the  Sprivgjield 
Rc-piiblican^xw  the  editorial, '' CV7«<r^/rt!'i-  Condemned  Traitor^'' 
before  mentioned. 

"  If  there  was  any  favorable  impression  made  at  all  upon  the  jiu),  il  was  the 
resuh  of  Kiel's  own  Ijearing  and  words.  Wlien  the  evidence  was  all  in  he  rose 
and  made  a  remarkaljle  plea  of  over  two  hours.  It  was  a  unitjue  thing  in  ora- 
tory, his  exordium  consisting  of  an  impressive  prayer  to  Heaven  to  bless  every- 
body in  the  case,  and  liis  peroration  was  short,  logical  and  clever,  he  taking  a 
paper  from  his  pocket  after  his  long  speecli  and  reailing  deliberately.     When 


cirr/KN  liiEL. 


101 


he  sat  cUnvn  two  of  the  jury  were  in  teare,  and  of  course  all  the  women  u  eie. 
He  first  paid  his  eloquent  respects  to  his  legal  advisers  for  i<ronouncing  him  in- 
sane, and  then  turning  the  case  about  and  reviewing  the  refusal  of  the  Domin- 
ion government  to  protect  tlio  lialf-lireeds,  he  chargeil  on  the  ministers  lliem- 
selves, — 'insanity,'  lieadded,  'complicated  with  paralysis.'  He  said  tli.it  he  had 
two  mothers — the  one  who  nursed  him  and  the  Northwest, — neither  of  whom 
woulil  kill  him.  If  there  was  any  |)ower  in  this  man  facing  his  jury,  it  was  all 
contained  in  the  patriotic  sentiment  of  which  he  is  the  pictnres(iue  embodiment 
anil  which  prompted  him  to  ailmil  his  treason  in  order  to  protect  'my  people 
in  Saskatchewan.'  liy  the  rules  of  discretion  that  govern  men  c-n  solemn  trial 
for  treason  Louis  Riel  is  wanting,  just  as  common  discretion  was  wanting  in 
the  great  Socratic  trial.  He  affronted  the  court,  the  Dominion,  the  (.'alholic--, 
the  very  men  that  were  detailed  to  defend  him,  and  in  fact  everybody  but  his 
poor  Metis  nation.  It  was  all  madness,  but  the  method  of  it  will  contirr/i  his 
fame  in  the  Northwest.  For  stern,  audacious  assumption  of  dignity,  what  can 
match  his  prayer  to  Heaven  in  behalf  of  all  engaged  in  the  trial, — 'Turn  curi- 
osity into  calm  interest.     Amen  I '  "  • 

Counsellor  Robinson  closed  on  behalf  (tf  the  Crown.  11  i< 
ackhess  is  the  ablest  argument  against  a  plea  of  insanity  ii 
has  ever  been  the  author's  jrood  fortune  to  read.  There  is 
one  passage  in  his  speech  noteworthy  because  of  its  sophistry : 

'•The  Crown's  witness,  Charles  Nolin,  had  testified:  'He  [Kiel]  spoke  of 
money,  I  think  he  said  he  \,.'.:.,cd  5io,(X)o  or  815,000.  The  first  time  he 
spoke  about  it  he  did  not  know  of  any  particular  plan  to  get  it,  at  the  same  time 
he  told  me  that  he  wanted  to  claim  an  indemnity  from  the  Canadian  govern- 
ment. He  said  that  the  Canadian  government  owed  him  about  5loo,(xio, 
and  then  the  question  arose  whom  the  persons  were  whom  he  would  have 
to  talk  to  the  government  about  the  indemnity.  Some  time  after  that  the  pris- 
oner told  me  that  he  had  an  interview  with  Father  Andre  and  that  he  had  made 
jieace  with  the  church,  that  since  his  airival  in  the  country  he  had  tried  to  sep- 
arate the  people  from  the  clergy,  that  until  that  time  he  was  at  open  war  almost 
with  the  clergy.  He  said  that  he  went  to  the  church  with  Father  Andre  and 
in  the  presence  of  another  priest  and  the  lUessed  Sacrament  he  had  made  peace, 
and  said  that  he  would  never  again  do  anything  against  the  clergy.  F'ather 
Andre  told  him  he  would  use  his  influence  with  the  government  to  olitain  for 
him  SJ5,C)00.  He  said  that  he  would  be  content  with  8^^5,00x3  then  and  that  he 
would  settle  with  the  government  himself  for  the  balance  of  $lof),ooo.  That 
agreement  took  place  at  Prince  Albert.  The  agreement  took  place  at  Saint 
Laurent  and  then  Father  Andre  went  back  to  his  mission  at  Prince  Albert.'  " f 

''Strini^field  Weekly  Rcpuliliciui,  August  7,  1SS5.     |-(^)ueen  r'.  Kiel,  p.  93. 


S    , 


J 


.1 

1 

jfli 

t 

^M 

t 
i 

'1 

1 

r/'- 

108 


77//;  lil.(K)l)  OF  A II EL, 


Father  Andre-  had  testified: 

"  lie  [Rid]  said,  '  Jf  I  am  satisfied,  the  lialf-breeds  will  be.'  I  nuist  Ixplain 
this.  This  objection  was  made  to  him  that  even  if  the  ^'overnment  granted  him 
S,?5,ooo  the  half-i)reed  question  would  remain  the  same,  and  he  said  in  answer 
to  that,  '  If  I  am  satisfied,  the  half-breeds  will  be.'  "* 

Mr.  Robinson  coniinented  as  follows: 

"  Now,  in  this  case  there  is  one  absolutely  conclusive  fact  proved,  about  which 
there  can  be  no  dispute,  which  is  a  complete  answer  to  the  defence  of  insanity, 
i'liere  is  no  i|uestion  and  no  dis|nite  of  one  thing,  that  the  very  essence  of  an 
insane  impulse  is  that  it  is  imperviou.s  to  reason.  The  impulse  of  the  insane 
man  is  such  that  you  do  not  reason  him  into  it  and  therefore  you  cannot  reason 
him  out  of  it.  The  moment  ymi  tind  the  impulse  wiiich  possesses  a  man  yield- 
ing to  reason,  force  or  any  motive,  that  moment  that  ceases  to  lie  an  insane  de- 
lusion." .  .  .  .  .  "  Now,  what  are  the  facts  here?  We  are 
told  that  this  man's  controlling  mania  was  a  sense  of  his  own  importance  and 
])ower ;  thai  he  was  so  possessed  with  ove"rweening  vanity  and  insraie  ambi- 
tion, that  the  one  thing  that  he  was  unal)le  to  resist,  which  in  his  own  mind 
justified  all  crimes  and  \\as  an  atonement  for  all  guilt,  was  his  own  sense  of 
greatness  and  position  and  his  power.  Well,  gentlemen,  is  it  not  a  fact  that  he 
expressly  said  that  if  he  could  get  a  certain  sum  of  money  he  would  give  up  this 
power  and  this  ambition  and  go  away.'t 

The  best  answer  to  this  is  a  passage  from  the  speech  of 
Honourable  Edward  Blake,  tleli\ered  in  the  House  of  Com- 
mons, March  19th,  1SS6: 

"  In  this  connection  I  desire  to  say  a  word,  and  a  word  only,  with  reference 
to  a  charge  highly  calculated,  if  true,  to  increase  the  guilt,  so  far  as  he  was  mor- 
ally responsible,  of  Kiel.  I  refer  to  the  charge  of  venality.  I  have  already  read 
th.it' portion  of  tiie  evidence  of  Nolin  which  shows  the  purpose  to  which  this 
man  stated  he  would  apply  the  money  which  he  was  al)out  to  get  frt;m  the  (lov- 
eniment — that  he  would  apply  it  in  starting  a  newspaper  and  in  raising  other 
nationalities  in  the  States,  and  to  efl'ecting  the  prosecution  of  his  designs.  I  say 
th.Tl  however  jilainly  that  may  appear  to  be  a  violet,  a  wickod,  or  a  mad  senti- 
ment, it  is  utterly  inconsistent  with  the  charge  of  venality;  it  shows  that  this 
was  the  mode  which,  in  his  disordered  mind,  he  thought  would  be  most  etti- 
cacious  in  order  to  accomplish  the  design  for  his  people  and  for  himself,  as  part 
of  his  puqiose,  which  he  entertained.  Hut  the  very  circumstance  that  he  made 
that  statement  to  Nolin,  to  my  mind  proves  that  it  is  impossil)le  that  he  could 
have  made  the  proposal  for  a  venal  purpose.  1  know  perfectly  the  prejudices 
which  exist.     I  know  how  many  men  would  like  to  ease  their  consciences  by 

*  ()ueen  v.  Kiel,  p.  1 13.    t  Epitome  of  Parliamentary  Documents,  etc.,  p.  202. 


lid 

by 


VniAllS  lilEL. 


\m 


saying:  Oh,  this  was  a  base,  and  venal  man.  Hut  it  would  be  an  net  of  hu- 
miliating cowardice  on  the  part  of  one  who  has  formed  another  conclnsion  on 
this  subject,  to  bend  to  such  prejudices,  and  to  allow  a  name  which  must  ever 
be  deeply  clouded  and  stained,  to  receive  another  cloud  or  stain,  which  he,  at 
any  rate,  in  my  judgment,  does  not  deserve.  Ikit  1  will  add  this,  that  1  had  ex 
]iected  to  hear  ere  now  from  an  honourable  gentleman  who  was  very  intimately 
associated  with  l.ouis  Riel,  who  worked  together  with  Louis  Kiel  in  ;lif  North- 
West,  his  appreciation  of  that  portion  of  the  case.  I  have  been  toM  a  story — I 
was  told  it  by  one  who  knew — on  this  subject.  When  the  first  intelligence  came> 
that  he  had  asked  the  government  for  money,  that  he  was  going  to  sell  the 
cause,  'Well,'  I  said  'this  is  a  most  extraordinary  thing;  it  entirely  alters  the 
whole  complexion  of  the  case.'  'Oh,  do  not  believe  it,'  said  this  gentleman 
who  knew.  '  Well,'  I  said,  '  I  have  reason  to  believe  that  he  has  asked  for  the 
money.'  '  Yes  that  is  quite  possil'le,  he  is  quite  convinced  he  has  a  claim,  but 
flepend  upon  it,  1  know  that  it  is  impos.sible  that  he  can  have  .isktd  for  money 
to  deceive  or  betray  his  people,  or  that  he  would  betray  their  cause.  1  know 
all  the  events,  which  occurred  when  he  was  in  the  provincial  government.  I 
know  that  at  the  time  when  he  was  in  power  there  in  iSoq-yo,  when  he  had  the 
resources  of  the  Hudson  Hay  Company  at  his  command,  his  own  family  was  in 
a  state  of  destitution,  living  down  at  their  place,  and  he  would  not  allow  any 
portion  of  what  he  called*  public  property  to  be  sent  to  them  at  all,  even  '.o  keep 
them  in  life,  and  that  same  provisional  council  was  obliged  to  secretly  send 
down  a  bag  of  flour  or  something  of  that  kind  to  his  mother,  who  had  the  charge 
of  the  family,  in  order  to  keep  them  alive.'  " 
"  An  Honourable  Member — Too  thin." 

"Mr.  Blake — Somebody  says,  that  it  is  too  thin.  I  refer  the  honourable  gentle- 
men to  the  honourable  member  for  I'rovencher  (Mr.  Royal)  on  that  subject."* 
Judge  Richardson,  in  his  charge  to  the  jury,  used  the  fol- 
h>wing  language: 

"  To  as:  ist  you  in  your  deliberations,  let  me  draw  your  attention  to  some 
points  suggested  to  my  mind  by  the  evidence.  You  recollect  the  statements  as 
to  the  prisoner's  appropriating  property,  and  making  prisoners  of  others  simply 
because  they,  to  his  idea,  opposed  him  in  his  movements.  It  has  been  sug- 
gested l»y  the  Crown,  in  reference  to  the  $35,000,  that  it  tends  to  show  that  this 
was  all  a  scheme  of  the  prisoner's  to  put  money  in  his  own  pocket.  Ik  that  as 
it  may,  one  of  the  witnesses,  Nolin  speaks  distinctly  as  to  the  535,000,  and  on 
that  branch  of  his  evidence  we  have  his  corroborated  by  the  priest  I'ather  Andre 


*This  speech  of  the  Liberal  Leader  is  a  masterpiece  of  its  kind,  an  eloquent, 
exhaustive  and  logical  exposition  of  the  Kiel  ijuestion.  At  its  close  there  is  no 
aspect  of  this  awkward  affair  which  is  untouched  ;  and  little  remains  to  l)e  said 
upon  the  subject. 


i  I 


r 


1: 


' 


!■ 


hi 


i  ^li 


I  f 


i!  I 


ito 


Tin:  ni.oan  or  a/i/jl 


aiul  further  by  Jackson.  Tlicii  yini  have  heard  the  evidence  given  by  Captain 
Vonnj;  as  to  the  conversaliims  he  iiad  with  the  prisoner.  Witness  afitr  w  itne.ss 
gave  evidence  as  to  \\  hat  occurred  in  .March,  at  the  tnne  of  tlie  coninieiuenient 
of  this  rebellion,  .'^onie  of  ihcni  speak  of  the  prisoner  being  very  irritable  when 
the  .subject  of  religion  \va.s  i)rought  up.  It  appears,  however,  that  his  irritability 
had  passed  away  when  he  was  coming  dt)wn  with  Captain  Voung,  as  we  do 
not  heai-  anythintj  of  it  then.     Does  tiiis  show  reasoning  jiower? 

" '1  hen  at  what  date  can  you  lix  this  insanity  as  having  commenced?  The 
theory  of  the  liefence  li\es  the  insaniiv  as  having  commenced  only  in  March, 
but  threats  of  what  he  intended  to  do  began  in  December.  Admitting  that  the 
insanity  only  commenced  about  the  time  of  the  breaking  out  of  the  rebellion, 
what  does  seem  strange  to  me  is  that  these  people  who  were  about  him,  if  they 
had  an  insane  man  in  their  midst,  that  some  of  them  had  not  the  charity  to  go 
before  a  magistrate  and  lay  an  information  setting  forth  that  there  was  an  insane 
man  amongst  them,  and  that  a  breach  of  the  peace  was  liable  to  occur  at  any 
moment,  and  that  he  should  be  taken  care  of.  I  only  suggest  that  to  you,  not 
that  you  are  to  take  it  as  law,  I  merely  suggest  it  to  you  as  turning  upon  the 
evidence."  *  ,       i 

Such  langu'tjTe  as  that  addressed  to  the  jiify  froni  the  bench, 
would  Ipe  enough  to  feverse  a  conviction  in  any  state  of  the 
Ainerican  Union.  It  is  not  thi:  fault  of  tlie  judge  so  much  as 
of  the  infernal  Englisli  custom  (xf  the  judge  summing-tip  tlie 
e\Idence;  that  is,  virtually  telling  the  jury  how  to  find. 

After  recei\ing  the  instructions  of  the  court,  the  jury  re- 
tired to  tleliherate,  and  while  they  were  out  the  ]->risoner  en- 
gaged in  prayer  in  the  bo.x.  lie  sat  upon  each  juryman's  seat, 
and  prayed  fervently;  then  he  sprinkled  the  seats  with  holv 
water.  In  a  half-hour  the  jury  returned  a  verdict  of  guilty, 
with  a  recommendation  to  mercy.        ^ 

Riel  was  asUed,  as  is  usual,  if  he  had  anything  to  say  why 
the  sentence  of  the  law  should  not  be  pronounced  u})on  him. 
He  spoUe  for  two  hours  with  much  eloquence,  reviewing  his  . 
life,  and  the  grievences  of  his  race.  But,  as  in  such  cases 
generally,  he  offered  no  legal  objection  to  the  sentence.  The 
court  then  addressed  the  prisoner: 

"Louis  Kiel,  after  a  long  consideration  of  your  case,  in  which  you  have  been 
defended  with  as  great  ability  as  I  think  any  counsel  could  have  defended  you 

*  Epitome  of  Parliamentary  Documents,  pp.  211  and  212. 


CITl/.ES  in  El.. 


tit 


■n- 
.ly 

A  , 


vitli.  ycm  have  been  fduiui  hy  a  jury  wlio  have  shown,  I  mi^ht  ahnost  .-^ay.  ui\- 
cxampleil  patience,  giiihy  ol  n  crime,  tlie  im)si  i)ernicii)Ui  ami  t;rcalest  that  nuiii 
can  cunniiit;  you  have  been  found  guihy  of  hi^h  treason,  you  have  hoeu  provc<i 
to  have  let  loose  the  tlooti  gates  Af  rapine  ami  liloodsheii,  you  have,  with  sui.  h 
assistance  as  you  hail  in  the  >askatclu'«an  country,  managed  to  arouse  the  In- 
dians and  have  i)roiight  ruin  and  misery  to  many  families  wlioin  if  you  had 
simply  left  alone,  were  in  comfort  and  many  of  them  were  on  the  road  to  atllu 
eiice.  For  what  you  did,  the  remarks  you  have  made  form  no  excuse  w  hatever ; 
for  what  you  have  done  the  la\\  rei|uiies  you  to  answer. 

"  It  i>  true  tliat  tlie  jury  in  merciful  consideration,  have  asUed  Iler  Majesty 
to  give  your  case  such  merciful  consitieration  as  she  can  hestow  upon  it.  I  had 
almost  forgotten  that  those  who  are  defending  you  have  placed  in  my  iiands  a 
notice  that  tiie  objection  which  they  raised  at  the  opening  of  the  court  must  not 
lie  forgotten  from  the  records,  in  order  that,  if  they  >ee  lit,  they  may  raise  the 
(luestion  in  the  proper  ].>lace.  \  .at  has  been  done  ;  but  in  spite  of  that  !  can 
not  hold  out  any  hope  to  you  that  you  will  succeed  in  getting  entirely  free,  or 
that  Her  Majesty  will,  after  what  you  have  been  the  cause  of  doing,  open  her 
hand  of  clemency  to  you.  For  me,  i  h.ive  only  one  more  duty  to  jierforni  ;  that 
is,  to  tell  you  what  the  .sentence  of  the  law  is  upon  you.  I  have,  as  I  nuist,  given 
time  to  enable  yourcaseto  be  heard.  All  I  can  suggest  or  jidvise  you  is  to  pre- 
pare to  meet  your  end  ;  that  is  all  the  advice  or  suggestion  I  can  offer.  It  is  my 
jiainful  duty  to  pass  the  sentence  of  the  court  upon  you,  and  that  is  that  you  be 
taken  now  from  here  to  the  police  guard  room  at  Kegina,  which  is  the  jail  and 
place  from  whence  you  came,  and  that  you  be  kept  there  till  the  i^>th  of  .Sep- 
tember next,  and  on  the  iSth  of  September  next  you  be  taken  to  the  place  a]>- 
pointed  for  your  execution  and  there  be  hanged  by  the  neck  till  you  are  dead. 
.\nd  may  f  jod  have  mercy  on  your  soul  I"- 

..V  friend  of  Ricl  writes  the  atilhor,  on  this  part  of  the 
trial : 

"  The  judge's  sentence  was  accompanied  by  remarks  so  brutal  that  they  have 
been  .suppresJied  from  the  ofticial  record.  See  the  reports  of  the  contemporary 
press."  • 

After  the  condemnatic^n  of  Riel  an  appeal  was  taken  to  the 

eoiirt  of  Queen's  Hench  of  Manitoba. 

The  errors  assigned  were  it!  siil)stance: 

I.  That  the  hiw  giving  a  stipendiary  magistrate,  with  a  jus- 
tice of  the  peace,  and  a  jury  of  six  power  to  try  a  prisoner 
was  contrary  to  J/rt-i^v/a  Charta. 

II.  Tiiat  the  law  required  the  information  to  he  taken  he- 

.  *  (^ueen  v.  Riel,  page  i66. 


■ 


')4i 


/' 


'    I'll 


!  i 


I 


MH  i 


112 


77//;  II  LOO  I)  OF  Altr.L. 


fore  a  stipendiary  magistrate  ami  a  justice  of  the   peace,  in- 
stead of  the  stipendiary  alone. 

III.  That  the  law  re(iuirtHl  the  niaj^istrate  to  take  the  testi- 
mony in  wiitinji;  and  a  short-hand  reporter's  notes  were  not 
a  compliance  with  the  statute. 

IV.  Tliat  the  evidence  was  insufficient. 

V.  That  the  powers  of  the  Dominion  Parliament  were 
(lelefijated,  not  plenary;  and  their  act  was  ultra  vires. 

John  S.  Ewart,  I'rancis  X.  Lemieux  and  Charles  Fit/pat- 
rick  appeared  for  Riel.  His  counsel  demanded,  that  he  l)e 
hroujjjlit  to  VVinnij)eg,  to  he  present  in  court,  while  the  appeal 
was  heard,  Init  this  iei|uest  was  denied. 

Messrs.  Robinson,  Osier  and  Aikens,  Queen's  Counsellors, 
appeared  for  the  Crown.  'J'he  conviction  was  sustained, 
"^rhis  ojjiiiion  was  delivered  upon  the  9th  of  September,  just 
nine  days  before  the  fatal  day.  The  judjjes,  Wallbrid<i;e, 
Taylor  and  Killam,  delivered  separate  opiniojis. 

As  this  was  a  capital  offense,  the  prisoner  had  the  rijjjht  to 
})etition  the  Privy  Counsel  for  an  appeal.  This  was  done, 
and  a  respite  was  obtained  for  the  purpose  of  presentinc^  the 
l^etition.  The  proceed iti<ifs  upon  such  appeal  were  conducted 
by  Messrs.  Lemieux  and  Fitzpatrick  of  counsel  for  Riel.  Tht- 
petition  was  dated  September  14.  On  the  24th  of  Octoher 
an  otlicial  telegram  announced  that  the  appeal  had  been  de- 
nied. 

The  only  hoj)e  of  the  doomed  man  seemed  now  to  rest 
upon  execiftive  clemency  on  the  part  ot  tlie  Dominion  (iov- 
ernment,  or  interference  on  the  part  of  the  United  vStates. 

A  reprieve  was  given  till  November.  This  was  length- 
ened until  the  16th  of  that  month,  on  the  request  of  high  ec- 
clesiastical authority,  the  suspense  in  which  the  prisoner  had 
been  kept  having  unfitted  him  for  making  the  proper  prepa- 
ration for  the  great  change  before  him. 

The  government  at  Ottawa  had  been  engaged  in  a  j)ro- 
longed  conspiracy,  of  six  months  duration,  having  for  its  ob- 


!! 


i  rn/.i:s  uniL.  \\.\ 

jt'i:t  llic  ilcath  of  this  num.  Tlicy  sonj^ht,  h()\vc\cr.  to  i^^ivc 
to  their  acts  the  colom  of  justice.  ,\t  the  reiiuesi  of  Kiel's 
friends,  a  commission  was  appointed  to  examine  into  the  (|nes. 
tion  of  his  sanity.  Tiiis  commission  was  one  not  calcnhited 
to  favour  the  prisf)ner.  It  is  true  that  (ieneral  Middlelon,  at 
RiePs  trial,  testified  to  his  sanit\ .  Hut  it  must  be  remembered 
that,  althou<,Hi  an  exiellent  judfi^c  in  military  nnitteis,  tiu-  old 
jjeneral  had  never  distin<i^uished  himself  as  a  medical  expert. 
His  judj^ment  in  cases  of  deceptive  insanity,  like  nie<falomania, 
is  of  little  value,  A  man  may  be  perfectly  sane  on  every  sub- 
ject, save  one,  and  it>sane  upon  tliat  one.  This  is  monomania, 
a  species  of  insanity  reco<^ni/ed  in  the  days  of  ShaUspere  and 
Cervantes.  Every  one  knows  the  story  related  in  the  secoml 
})art  of  Don  (Quixote  of  the  licentiate  of  O-^suna,  confincil  by 
his  friends  in  the  mad-house  at  Seville.  He  was  belicNed  to 
have  been  restored  to  reason,  but,  as  he  was  Ieavin«j  the  asy- 
lum, in  a  discomse  with  a  fellow  patient,  he  betrayed  the  con- 
dition of  the  unrestored  madman.  I'he  only  testimony  of 
any  even  apparent  value  to  the  sanity  of  Riel  was  that  of 
Doctor  Jukes.  This  ^jentleman,  in  effect,  stated  that  Riel  was 
insane  on  "jjurely  reli<ijious  ([uestions  bavin*;  relation  to  what 
may  be  called  divine  mysteries." 

Such  testimony  shows  the  value  of  cross-examination.  To 
a  person  reading  between  the  lines,  it  is  plain  that  Jukes  re- 
•rarded  Riel  as  a  monomaniac,  exactly  what  was  contended 
for  on  his  behalf. 

The  ablest  argument  in  favour  of  the  theory  of  insanity, 
and  against  the  conduct  of  the  goveinment,  is  the  speech  of 
Honourable  Kdward  Blake,  from  which  the  author  has  al- 
ready quoted.     The  argument  is  learned  and  exhaustive. 

There  can  be  no  doubt  that  Riel,  though  ostensibly  about 
to  be  hanged  for  high  treason,  was  really  to  suffer  for  the 
"  murder  "  of  Scott.  The  Honourable  John  S.  D.  Thompson, 
Minister  of  Justice,  said  uj)on  this  subject: 

'•  The  policy  of  considering  what  the  past  history  of  the  convict  h;is  been  is 


I' 


!' 


M 


H 


I 


114 


'////•;  lll.noh  nr  Mil: I, 


one  which  i^  iccu^ni/cd.  lot  only  in  ilic  |iini(ir(.:  of  cvciy  triNuiial  a<iiiiiiii»tcr- 
inj,'  criminal  justice,  Iml  is  icco^^ni/t'd  l)y  I'arlinmtnl  as  well."* 

riu'  Macdoiinhl  y;(»\  n  iniK'iit  tried  t»)  Mit-ak  liclniul  tlic  mi*'- 
(.rahlc  Hiilitcifu^c  tli;it  K icTs  ainnt'sfy  was  con(liti(»iial  upon 
lii^  icinainiii<;  in  haiiislinicnt  li\c  vcarn;  that  this  had  l)i«.ii 
\i<)lati'(I,  l)f(.ausc',  (hiiiiij;  hiscoiitiiKinciit  at  tla*  Mcaiiport  asy- 
lull),  he  was  not  in  liani^hiiKut.  The- idea  of  a  hiiiatic  hrcak- 
iii;^-  a  compact  i^  too  ahsiiiil  to  dt'seixc  a  serious  answer. 

The  I'eace  Soiietv  of  F.omlon  had  solicited  Ilrr  Majesty's 
interference  in  vain. 

The  last  hope  was  act.on  l)\-  the  "government  at  W'ashinj^- 
ton,  IJayard,  I'resiilent  Clevehiiurs  Secretary  of  State,  had 
slali'd  that  the  ^oxernmcnt  would  not  inter\ene  ui\less  asked 
to  do  s(). 

'I'he  irovernnieni  lefused  to  iiuestigale  the  <jucstion  of 
J<iers  citizenship. 

Ranihaut,  in  a  fool  note,  makes  this  statement  :f 

"  I  have  Mot  l)ecn  al)le  to  ^'ol  an  autiientio  statement  upon  this  niattci  (the 
ciii/enshi|i  of  Kiel);  Imt  lion.  Joseph  Tasse,  M.l'.,  editor  /.n  .1////,7t t-,  has 
wiiiten  mc :  'I'liere  lainuit  lie  the  sliyiitcst  lioulil  of  the  fact  that  he  became  an 
American  dti/en.'  " 

Ml.  Kanihatit  could  n(.  ha\c  made  a  very  thoroiiy;h  inves- 
tiuation.      lie  savs: 

"  Finally  he  [Kiel]  settled  down  as  a  scliool  teacher  at  Sun  River,  Montana, 
and  in  due  time  became  an  American  citi/en.".| 

Reference  to  a  postal  jjjtiide,  kept  at  every  postollice  in  the 
I'nited  .States,  wouUl  have  revealed  the  fact,  to  the  memher 
of  the  New  ^'ork  har,  that  vSun  River  is  in  Lewis  and  Clarke 
cotmty,  and  the  further  fact,  that  Helena  is  the  shire  town  of 
that  coutity.  v\  letter  to  the  clerk /)f  the  Ignited  States  Court, 
enclosinj^  one  dollar,  would  ha\e  heen  hoiiotired  with  a  certi- 
fied copv  o*f  the  record. 

P)Ut  this  author  is  not  distinj^uished  for  liis  accuracy.  He 
savs  that  Kiel  was  hanged  on  the  loth  day  of  Novemher.^ 

*  Speech  in  rarliament,  delivered  March  22,1886,  page  16.  f  Page  159. 
X  I'a^e  150.     ''/,  I'a^e  i5<). 


ill i/.i:s  i:ii:i.. 


II.'. 


This  writi'i  iIcnoIcs  st'\iM;il  piij^f^  to  K  ii-l's  imsi-  KuisitU-ic'il 
fiMin  an  niU-riKitiotcil  st.'ni<l-p(iiiit.      lie  s:iys: 

"  I'Akin^  u|>  ii'ivv  tlii^-  lcatiue'<  «)rthe  Ciiiie  that  liave  lllo^l  iiitercAt  for  lite  siii 
•  lent  of  |i()litical  st'ioncc,  \vc  notice,  in  the  lir<«t  plaic,  tliat  nltlion^h  the  alVidavit 
of  indii'inicnt  wa>i  evidently  pie|iai»'d  lu  meet  llic  nlinciidn  tli.il  Kiel  was  a 
nat\nali/i(i  Ainciican  lili/cn,  and  tlicittuic  no  ^utijicl  of  the  <^>ufi'n,  tlic  coun- 
sel on  i'otli  sides  omitted  all  refrrcnce  to  this  fact.  It  seems  to  lie  generally 
helieved  tliat  Kiel  was  nnturnli/cd  duiinj;  his  residence  in  the  I'nited  States  If 
lliis  1)C  true,  tiierc  can  l>e  no  doul'i  tli  \t  he  ci-ascd  ti>  \»-  a  Mritisli  suliject.  The 
eticct  ot  natiirnli/ati(<n,  lon(^  n  mooted  >|ue.stion  between  tiie  I'.n^lish  and  Amer- 
ican ^uveiiiments,  was  delmitely  settlvd  l>y  tlie  treaty  of  iSyn.  Kit!  was  ac- 
cordin;;ly  eiiiitleii  lo  the  same  protection  which  would  be  due  in  like  case  to  n 
native  citi/en  of  the  I  nited  States.  When  ii  hccanii  evident  that  Kiel  was 
ai)oMt  tn  l)e  executed  under  sentence  of  the  Canadian  court,  the  rnilcd  States 
i;overnment  was  asketl  to  interfere  in  his  behalf  on  ac>ount  of  his  American 
citi/enshi))  aci|uired  during  Ills  rtsidime  in  Montana.  In  this  matltr,  Major 
lidmond  Mallet  of  Washin^jton,  I  >.  ( '.,  acted  for  Kiel.  He  lias  \erykinilly 
wriuen  nic  a  letter,  in  which  he  ^ucciiu  ily  narrates  his  ellorts  in.Kiel  -,  behalf, 
and  the  position  taken  by  our  t;overnment.  He  says:  '1  lits-t  consulted  .Mr 
JJnyard,  and  he  look  this  position  substantially: 

,"  '  I.  '1  hat  it  w.is  not  the  duly  of  ihe  government  to  ini|uire  into  the  fact  of 
l\iol"s  .\inerican  citi/en.ship;  and, 

'"J.  I  iial  the  i;overnnicni  covdd  not  interfere  even  if  he  was  mi  .\inerican 
citi/en,  either  natural  or  adopted.  If  a  case  was  brought  to  the  attention  of  hi- 
department,  it  would  be  examined  into;  but  under  no  circumstances  could  the 
L;overninent,  he  thout;ht,  inlerfeie  uidess  it  was  shown  conclusively  that  lie  had 
been  discriniinated  against  iKirini,'  his  trial  by  reason  of  his  .\merican  citi/(  n- 
.ship. 

"Wlien  it  became  apparent  to  me  llial  the  Canadian  government  had  com- 
mitted itself  to  the  execution  of  Kiel,  under  the  pressure  brought  to  bear  upon 
it  by  the  (  (range  lodges  of  ( »ntario,  I  went  to  the  President  and  appealcil  to 
him  to  prevent  this  judicial  murder.  I  based  my  appeal  on  the  loUowing 
[grounds]: 

"I.  That  Kiel  was  an  American  citi/en;  that  he  had  been  indicted  as  a 
liritish  citi/en,  his  American  citizenship  having  been  entirely  ignored,  allhougl; 
offer  had  been  made  to  prove  the  fact  by  documents  captured  at  the  battle  of 
iiatoclie,  and  then  in  the  (.'anadian  government's  hands;  and  that  he  had  been 
tried  by  a  half  jury  of  six  men  selected  by  the  judge,  and  that  judge  was  a  mere 
justice  ol  the  peace. 

"  2.      That  Kiel  was  insane, — and  I  offered  testimony  to  that  efTect, — and 

"  3.      I'hat  the  authority  to  put  a  human  being  to  deatli  for  any  cause  what- 


1' 


W 


I  i 


I  i 


116 


/■///;  iiiA)()i>  or  Mii:i. 


'1 1 


f  i 


"1 


HI'' 


Sili 


ni 


soever  is  aol  inlicrent  in  government,  but  is  delcfjaled  from  C'khI,  and  that  sucli 
delegated  power  can  be  exercised  only  in  certain  lomlitiuns,  such  a>  souiul 
mind,  etc.  I'he  President  sei.mcd  nnich  interested  in  the  case  ;  expressed  him- 
self in  sympathy  with  what  I  told  him;  Init  he  considereil  it  a  very  L;rave  matter 
to  interfere.  .At  Ia.st  1  asked  that  he  send  for  Mr.  Havard  and  the  lUitish  Min- 
ister, and  see  if  an  amicble  understanding  could  be  made  to  save  Kiel.  Tiie 
I'resident  then  said  he  would  consult  with  the  Secretary  of  State  and  see  w  liat 
could  he  done. 

"  During  the  night  of  the  same  day  the  Associated  Press  announced  tliat  tiie 
I'resident  had  been  constrained  t'  decline  interfering  in  the  matter. 

"The  position  taken  by  Secretary  iJayarti  lests  on  sound  inlcnational  law. 
( >nr  I'overnmcnt  wouKI  not  have  been  justifieil  in  interfering  in  the  maimer  on 
the  basis  of  llic  case  presented  'o  the  Department  of  State,  .\hhough  Kiel  was 
a  naturalized  .\merican,  he  owed  the  <^ueen  of  Great  liritain  temporary  alle- 
giance while  living  within  the  borders  of  her  realm,  and  he  made  himse'd  lia'nle 
foi  breach  of  the  criminal  law  of  the  land 

'•  Not  only  had  the  I'nited  .States  no  right  to  interfere  in  Riels  belialf,  Inn 
the  Canadian  court  was  in  the  right  in  ignoring  Kiel's  citizenship.  It  was  ab- 
solutely immaterial." 

There  i.^  little  doiiht  that  thefe  is  a  kinship  hetweeii  the 
feelings  of  Afchiinedos  as  he  jumped  fioin  the  hath;  of  \e\v- 
toii  when  the  idea  of  his  o^reatest  iliscoverv  dawned  upon  hi^ 
niind;  of  Colunihiis  as  he  <2;a/ed,  for  the  first  time,  upon  San 
Salvador,  and  the  feelinjjfs  of  this  judicial  Colimilnis  ,it  the 
time  this  forensic  truism  lirst  illumitiateii  his  cranium,  to-wit: 

".Mlliough  Kiel  was  a  naturalized  .\merican,  he  owed  the  (Jueen  uf  (ireat 
Hritam  temporary  allegiance  while  'iving  within  the  borders  of  her  realm,  and 
he  made  himself  liable  for  breach  of  the  criminal  law  of  the  land." 

If  this  proposition  was  ever  even  the  subject  of  serious  de- 
bate since  the  foundation  of  the  work!,  the  writer  is  not  aw  are 
of  it. 

Mr.  Rambaut  states  another  thing,  which  is  imtrue.  IM- 
mond  Mallet  did  not  appear  or  act  for  Kiel,f  who  tiied  in 
complete  ignorance  of  the  fact  that  any  effort,  in  his  behalf, 
had  been  made  with  the  I'resident.     Major  Mallet  was  a  clei  k 

*See  pp.  159-161.  f  It  is  not  meant  to  convey  the  idea  that  Major  Mallet 
made  the  only  effort  in  Kiel's  l)chalf  with  the  government,  lie  made,  however, 
trie  best  presentation  of  the  case. 

/ 


L'l 


i  ITtZF.y  lilEL.  117 

in  the  'rieasuiy  I)e[)artmciit.  His  coniimniications  with  tlie 
I'resiilcMt  ami  Secretary  Nvcie  between  a  tfoveniment  otlicial 
aiui  Iiis  superiors;  aiul  were  of  a  confitlential  nature.  Major 
Mallet  has  since  heen  diicreetly  reticent  upor.  the  subject. 
This  is  certaintv,  however:  the  attention  of  Grover  Clevelaiul 
anil  his  prime  minister  were  called  to  the  case  and  their  inter- 
leicnce  asUeil,  anil  thev  declined  to  act.  Comment  will  be 
reserved  for  the  close  of  this  \ olnme. 

Kiel  had  been  thrice  respiteil.  In  the  bevy  of  moral  cow- 
anU  \\  ho  composed  the  cabinet  at  Ottawa,  at  cabinet  meet- 
iui^-  held  Septcndn'r  loth,  October  22d,  and  Novendier  loth, 
rcspeitivei\ .  Ibit  the  pieparations  for  the  execution  contin- 
ued. A\\y\  tlic  da\-  of  his  doom  was  at  hand.* 

Chief  .Shci  wood,  of  the  Dominiim  I'olice,  arrived  at  Re- 
tina upon  a  special  train  thce\enin<i"  of  the  tlfteentli.  Colonel 
Irvine  ;iiul  Sheriff  C'.iaplcau  entered  the  doomed  man's  cell. 
He  anticipated  their  errand.  ''  ^'ou  have  come  witli  the  <freat 
anni'Miicement."'  he  said,  lie  thanked  the  sheiiff  for  his 
kindness,  and  re([nesteil  that  his   boilv  be  s^'ivcn  to  his  friemls 


to 


lunied  beside  his  father  at  Saint  Boniface, 


r 


le  s 


hcrlff  asked  him  if  he  had  an\  wishes  to  convev  as  to 


the  (lisoi)>ititiu  of  his  iiersonal  estate  or  effect? 


^^ 


'on  cuc)\    rcplicil  iv  le 


1  K 


1  1 


ia\  e  onl  v 


th 


IS,    touchmu:  his 


breast  aln)\  e  tlie    region  of   the    heart. 


This  I    yave  to  mv 


ountrv  liftcen  \  ears  atro,  am 


1  it 


IS  a 


11 


have  to  i-ixe  now 


le  was  asked  as  to  his  peace  of  mind  and  replied:  '•  I  lo 


UiT 


a ,41)  made  mv  peace  with  niy  Ciod  and  am  as  prepared  to  die 
now   as  1  can  be  at   an\   time." 

I'ere  Andre,  his  confessor,  then  aiiived. 

Tlic  sherit't  read  the  death  warrant  which  Sherwood  had 
hrouijht  and  left  the  doomed  man  with  his  spii'itual  advisei'. 

Kiel's  prison  life  had  set  li'^htlv  upon  him.  I'"'or  years  he 
had  been  a  total  abstainer  fioin  alcoliol  and   tobacco,  and   his 

■•■    I  lit.'  iiccouut  of  Kiel's  lasi  Iidmi-s  and  execution  art  drawn  mostly  from  the 
Associateil  I'ress  ilisjutches. 


3 


If 


*" 


\-\  II 

A 


' 


I    4 


118 


'////•;  liLOOD  OF  AHFL 


'■■'  I 


i|i 


diet  had  hccu  most  absteinious.  His  life-Ion;^  and  {)r()\  crhial 
urbanity  had  ikjI  forsaken  him  in  prison.  lie  had  given  iiis 
captors  no  trouble. 

Father  Aiuh'e  was  ne\er  absent  from  tiie  iloomed  mim's 
side,  from  the  reachng  of  the  warrant  till  the  fatal  (hop. 
They  prayed  together  most  fervently  till  three  o'clock,  when 
Riel  do/ed,  and  thiallv  slept  soundlv.  In  about  two  iiouis  he 
awoke,  and  from  that  time  till  eight,  when  the  deatli-bell  l)e- 
gan  to  toll,  he  pra\ed  almost  continuously.  At  li\e  o'clock 
mass  was  said,  and  at  se\  en  the  last  sacrament  was  adminis- 
tered. 

The  scaffold  was  extended  from  the  rear  of  the  south  eiul 
of  the  guard-room.  It  was  twelve  minutes  past  eiglit  befoi'e 
those  having  tickets  from  the  sheriff  were  admitted  to  the 
room.  The  prisoner  was  found  kneeling  upon  the  Hoor  of 
an  upper  room,  from  which  iie  was  to  step  to  the  scaffold, 
Arouiul  him  were  members  of  the  mounted  police,  Sheriff 
Chapleau,  Deputy  Sheriff  Gibson,  as  well  as  his  spiritual  ad- 
visers, Fathers  Andre  and  McWilliams.  The  ravs  of  the 
early  sun  shone  through  the  rime  which  covered  the  small 
window.  The  prisoner  knelt  beside  an  open  window  ,  wliich 
looked  out  upon  the  gallows.  He  wore  a  loose  wf)olen 
surtout,  dannel  shirt,  trowsers  anil  moccasins. 

Twentv  minutes  before  tjoin":  to  the  scaffold  Riel  wrote 
tiie  following  in  French,  of  which  a  close  translation  is  given: 

"  Wliat  tliere  is  too  presumptuous  in  my  wrilinjjs,  I  must  say  that  l>y  these 
presents,  I  subordinate  it  entirely  to  the  gooil  pleasure  of  my  Ood,  to  the  doc. 
trine  of  the  church,  and  to  the  infallible  decisions  of  the  Supreme  IVntift.  I 
die  Catholic,  and  in  the  only  true  faitli. 

"  I.oins  I)a\  ID  KiKi.. 

"  l6th  Nov.,  1S85.     Retina  Jail.  " 

He  had  before  this  written  a  touching  letter  to  his  mothei', 
full  of  filial  devotion. 

At  a  qiunter  past  eight  the  doomed  man  received  the  notice 
to  proceed  to  the  scaffold.  He  mounted  the  gallows,  from 
which  he  was  never  to  descend  alive,  with  the  firmness  of  a 


r/////;.v  /.v/;a 


U!) 


Sc;i'\<)l:t  ;uul  the  rcsiji^rialioii  of  ;i  S<>cr;ites.  Hi^  :inns  were 
pinioiieil  hefore  leaviii*^  the  ^iiarcl-room.  As  he  walked  upon 
the  scaffold,  he  liinied  his  face  from  the  spectators,  and  con- 
timied  prayinj^.  Riel  ralhed  his  confessor  with,  "  Couia<;e, 
pere,""  a(h'essin^  Father  An{h"e.  He  was  aihnonished  h\'  this 
prjest,  to  pray  for  iiis  enemies.  He  prayed  for  Sir  John  A. 
Macdonald;  liut  added  a  petition,  tliat  Canada  mi<j;ht  soon  i'c 
dehveretl  of  his  rei<rn. 

Fatlier  McWiUiams  kissed  Kiel,  who  said,  •'  I  l)elie\e  ^till 
HI  Uod. 

"To  tile  last:"  asked  Father  Aiuh-e. 

"  Ves  the  \er\  hist,"  answered  Riel:  "  T  lieliexe  and  trust  in 
II im.      Sacred  Heart  of  Jesus,  have  mercy  upon  me." 

J)r.  Jnkes  shook  hands  .with  the  prisoner,  who  said  in  I'^n<^- 
lish:  "Thank  vou,  doctor."  Then  he  continued:  -^^f'sv/.s, 
J/rtr/V,  yoscp/i,  asistcz-  moi  en  re  dernier  mouieiitr 

When  he  was  ahout  to  take  his  place  ni)on  tiie  drop  the 
Deputy  Sheriff  asked  him,  if  he  had  anything  to  say. 

"Shall  1  not  say  a  few  words?"  he  asked  of  his  confessor. 

"  Xo,"  ([uickiy  replied  the  priest,  in  French;  "make  this 
your  last  sacrifice  and  you  will  he  rewarded." 

Riel  tiien  turned  and  remarked  in  En'^lish,  "  I  have  noih- 
injjf  more  to  say." 

The  cap  was  then  drawn  over  his  face,  and  the  rope  ad- 
justed. 

While  these  things  were  heing  (U)ne  he  was  given  two  min- 
utes to  pray.  He  hegan  repeating  the  fater  Xoster.  At  the 
significant  wordr.  "/iV  ne  nos  inditcas  in  tentatiotieni"'*^  the 
hangman  f  sprang  the  holt,  and  the  hody  of  the  condemned 
half-breed  descended  with  a  terrible  crash.     The  fall  of  eight 

*One  account  says,  that  Kiel's  last  words  were  "  Mtiri,  Jesii''  Another  is. 
that  he  fell  while  involving  the  Saints. 

t  It  was  claimed  the  hangman  was  one  Jack  Henderson,  who  was  a  prisoner 
of  Kiel's  at  Fort  (iarry.  Beggs  hook,  which  purports  to  give  the  names  of 
Kiel's  prisoners,  does  not  mention  him.     See  appendix  I. 


M'ly 

■i' 


1 


■ 

j 

J 

i 


l]  i!fl 


120 


77//';  JiLOOlJ  OF  AH  El. 


W    v\ 


f 

i 

U  < 

MB 

HI  li 

|| 

! 

1 

t 

'\ 

feet,  and  the  unusual  vveij^ht  of  the  man  dislocated  the  neck. 
For  a  second  there  was  no  movement.  Then  there  followed  a 
slij^ht  twitchin*^  of  the  muscles;  and  in  two  minutes  the  soul  of 
Louis  Riel  was  in  the  jjresence  of  the  Judge  of  All  the  Earth. 

Durinji^  the  terrihle  ordeal  the  colour  had  not  left  RiePs 
face,  and  there  was  not  the  Iremour  of  a  inuscle.  He  literally 
smiled  in  the  face  of  death. 

The  hody  was  cut  down ;  the  coroner's  jury  was  empan- 
eled hy  Doctor  Dodds,  and  a  verdict  of  death  hy  hanjyin<^ 
rendered.  The  hair  of  the  deceased  was  cut  off  one  side  of 
both  head  and  face.  All  the  buttons  torn  off  the  coat;  the 
moccasins  removed  from  the  feet,  and  even  the  suspenders 
cut  into  pieces,  for  persons  to  obtain  mementos  of  the  de- 
ceased. He  was  placed  in  a  plain  deal  cothn  tf)  await  the 
plans  of  the  Government  as  to  interment. 

Tile  cothn  w  as  then  nailed  up,  to  be  temporarily  placed  in 
the  buryin<2[-<^round  attached  to  the  barracks,  penditif^  the 
relatixes  obtaininj^  permission  to  carry  it  to  Saint  IJoniface, 
where  it  was  afterwards  interred. 

The  account  of  the  execution  apj)ended  to  Mercer  Adam's 
book  states,  that  Riel  kept  up  his  courage  by  praying,  thus 
divertiiiir    his   thouiihts  from  tlie  terrible  death   before   him. 


After    blistering:   his  mendacious  hand    in  a 


vain    attempt  to 


stamj)  Riel  with  the  l)rand  of  a  mercenary  and  a  coward,  it  is 
hard  foi-  the  Canadian  to  concede  to  him  actual  fortitude  upon 


th 


e  sea 


ffol( 


Ad 


im,  in 


th 


is  case,  credited   it  to  a  reliirion   in 


which  he  does  not  himself  believe. 

I'\)rtitude,  in  the  hour  of  death,  is  oftener  the  result  of  the 
iidierent  i")ower  of  a  human  will  than  the  solace  of  any  re- 
ligion, true  or  false.  Socrates,  Sir  Thomas  More,  Rishop 
Cranmer  and  Madame  Roland  met  death  witii  ecjual  fiim- 
ness.  These  were,  respective!}'  Heathen,  Catholic,  Protest- 
ant and  Atheist.  The  pious  legends  about  the  death-b.ed 
scenes  of  Paine  and  N'oltaire  will  not  statid  the  test  of  investi- 
ijfation. 


(  ITIZKS  lit  EL, 


121 


Danton,  about  to  l>f  guillotined,  said  :  "  My  dwelling  shall 
soon  l)c  in  anniliilation,  but  my  name  shiill  live  in  the  Pan- 
theon of  history."  -Saint  Paul,  also  about  to  be  beheaded, 
wrote  to  Timothy : 

"  For  I  am  even  now  reatiy  to  be  sacrificed  :  and  the  tiKie  of  my  dissolution 
is  at  liand.  1  have  fought  a  <;ood  fight ;  1  have  finished  my  course  ;  I  have 
kept  the  failh.  For  the  rest,  there  is  laid  up  for  me  a  crown  of  justice,  which 
liie  Lord,  the  just  Judge,  will  render  to  me  at  that  day." 

Who  is   there  that,  viewinc^  the  death  of  these  two  men - 
that  is,  the  stern  stoicism  of  the  philosopher  and  |he  sublime 
faith  of  the  Christian — would  not  exclaim  in  the  word  of  Ba- 
laam;    '*  Let   mv  soul  die  the  death  of  the  just,  and  let   my 
\a^\.  end  be  like  to  them.*" 

There  was  <_rreat  indiijnation  in  Lower  Canada  at  the  death 
of  Kiel.  Sir  John  A.  AL'icdonald  was  binned  in  t;tVi^y  in 
Montreal.  The  infuriateil  mob  committed  many  acts  which, 
three  coturies  aoro,  woidd  have  been  accoimted  treason.  Lati- 
mer and  Kidley  did  iiot  kiiulle  such  a  lire  at  SmithHeld,  as 
tlid  Riel  at  Regina.  * 

To  pas>  from  the  sublime,  to  somethin<^  else.  Louis  Riel, 
like  Louis  Kossuth,  lio^ured  in  the  dej^raded  world  of  fashion. 
I'lie  name  of  the  niart\  r  of  Re<£ina  ftuMiished  an  advertise- 
ment  for  the  hatter;  and  the  ''Riel  hat"  was  the  fashion  in  the 
Province  of  Quebec.  "J'his  reminds  one  of  the  hero  of  Auster- 
litz  being  left  to  quarrel  with  Sir  Hudson  Lowe. 

I>y  far  the  most  interesting  view  to  Americans,  is  the  one 
taken  from  an  international  stanil-point. 

The  facts  may  be  briefly  summari/ed  as  follows:  On  the 
loth  day  of  October,  iSyj,  Amb'rose  Lepine  was  capitally 
con\icted  t)f  the  murder  of  Scott,  at  the  Manitoba  assizes. 
Louis  Riel,  a  British  sid>ject,  having  been  indicted  separately 
for  the  same  crime,  and  his  principal  being  convicted,  was 
iuljudged  to  be  in  contempt  in  refusing  to  tiecome  amenable 
to  the  court;  and  on  the  15111  of  the  same  month,  a  j>rocess  of 
outlawrv  was  sued   out,  and   a  wari'ant  was   issued.     On   the 


^ 


! 


\\ 


III  ^ 


122 


'/'///•;  IllAHJh  OF  MUIL. 


1 2th  (lay  of  February,  1875,  Minnosty  was  graiitcil  to  Kiil  on 
condition  of  five  years'  hanishnicnt ;  and  ff)rfeituie  of  polit- 
ical rights.  I'ntil  this  lerni  of  banishment  was  ended  Louis 
Riel  refused  to  become  an  American  citi/.en.  Eifjht  \  ears 
thereafter,  on  the  sixteenth  of  March,  i^N3,  he  became  an 
American  citi/en  by  rej^ular  naturalization.  In  the  month  of 
July,  uS8f\  he  crossed  the  International  boundary  line  for  the 
purpose  of  enjjfajj^inj"^  in  a  constitutional  a<jitation,  in  the  inter- 
ests of  British  subjects,  wjio  maintained  that  they  were  bein<^ 
deprived  of  their  j)roperty-ri<;hts  in  certain  lands  bv  tb.e  Can- 
adian government, or  with  the  permission  of  saiil  <(o\  einment. 
On  the  iSthday  of  March,  iNSj,  these  people,  under  the  kad- 
ership  of  Louis  liiel,  abandoned  constitutional  aji^itation,  and 
took-up  arms  to  secure  their  rif^htf;.  In  the  suppression  of 
this  re\  (dt,  lire-arms  were  used  and  blood  was  shed.-*  Three 
encounters  were  liad  wi^h  Riel  and  his  followers  at  Duck 
Lake,  Fish  Creek  and  Batoche,  respectively. 

The  defendant  was  arrai<(ned  upon  an  information  contain- 
ing six  counts.  The  hrst  three  charged,  that  the  prisoner, 
being  a  subject  of  the  Queen,  made  war  against  Her  Majesty 
at  Duck  Lake,  Fish  Creek  and  Batoche,  respectively.  The 
other  three,  charged  that  the  prisoner,  living  at  the  time  with- 
in the  Dominion  of  Canada  and  under  the  Queen's  protection, 
made  war  against  Her  Majesty  at  the  same  three  places. 
L'pon  tlie  trial,  there  was  no  venue  pro\en.  The  judge,  in 
his  charge,  commented  upon  the  eviilence,  virtuallv  telling 
the  jury  how  to  find.  The  jury  returned  a  general  verdict  t)f 
guilty.  Then  followed  the  judgment  and  sentence  of  the 
court.  Upon  appeal,  the  conviction  was  affirmed.  Execu- 
tive clemency  was  denied.  The  government  of  the  United 
States  was  asked  to  interfere,  and  refused  to  do  so.  Riel  suf- 
fercil  the  capital   penalty  at  Regiua,  November  16,  1S85. 

It  will  l)e  contended  herein,  that  the  government  should 
have  interferetl  in  the  case  of  Riel. 

In  describing  the  duty  of  the  irovernment   in   a  case  like 


CITIZHX  I!  I  EL. 


lii;^ 


Kiel's,  the  l;inguat>^e  of   ['resident  Cleveland  himself  will   be 
employed: 

"  The  watchful  care  and  interest  of  this  government  over  its  citizens  arc  not 
relin'iuished  because  they  are  j^one  abroad,  and  if  charged  with  a  crime  com- 
mitted in  the  foreign  land,  a  fair  and  open  trial,  conducted  with  a  decent  regard 
for  justice  and  humanity,  will  be  demanded  for  them."* 

"  <  )ut  of  thy  own  mouth  I  judge  thee."t 

I  nder  this  rule  laid  down  by  the  Presiilent,  it  was  the  ihity 
of  his  administration  to  interfere,  for  the  following  reasons: 

Pirst.  Riel  was  not  guilty  of  any  act  which  could  be  con- 
sidered treason,  when  laying  the  ([uestion  of  citizenship  en- 
tirely aside. 

Second.  Riel  was  tried  upon  the  theory  that  he  was  a  citi- 
zen of  (ireat  Britain;  and  not  of  the  United  States. 

Third.  The  ([uestion  of  the  pristjuer's  sanity  or  insanity- 
was  never  fairly  submitted  to  the  jury. 

Jwurt/i.  There  was  misconduct  of  the  court  in  instructing 
the  jui'y. 

Fifth.  There  was  a  variance  betwetMi  the  indictment  and 
the  proof: 

I.  Waiving,  for  the  nonce,  the  question  of  citizenship,  Riel 
was  yet  not  guilty  of  an  act  amounting  to  treason.  Xow, 
what  is  treason?  Treason,  in  a  general  sense,  is  a  "breach  of 
allegiance."  In  a  more  restricted  sense,  it  is  "any  act  of  hos- 
tility against  a  state,  committed  by  one  who  owes  allegiance 
to  it."  The  last  tlefinition  is  less  accurate  than  the  following: 
"  The  offence  of  attempting  to  overthrow  the  government  of 
the  state  to  which  the  offender  owe>;  allegiance,  or  of  betray- 
ing the  state  into  the  hands  of  a  foreign  power."  The  last' 
definition  includes  the  offence  of  assassinating  the  king,  or 
corrupting  the  queen.  For  in  a  monarchical  form  of  govern- 
ment, the  king  or  tpieen  is  the  personification  of  legitimate 
sovereignty.*  Consequently,  any  attempt  to  take  the  life  of 
the  sovereign,  or  to  corrupt  the  royal  descent  is  an  offence 

*  President  Cleveland's  message  to  Congress,  December,  iS86.  fluke, 
xix.,  22.     I  Uui/.ot's  History  of  Civilization. 


iJi 


\ 


I -'4 


77//';  IIIJ)()I>  OF  AliKL. 


I 


11   * 


t 


M^;iiiist  the  state  itself.  The  charjje  of  treason,  for  which 
Kiel  was  hied  and  con\i(ted,  was  that  of  levyinj;  war  against 
Her  Majesty  in  her  Reahn.  This  species  of  treason  is 
founded  on  a  very  old  statute,  passed  in  the  reiu;n  rf  luKvard 
[11.     The  lanj^uajj^e  of  that  statute  is  as  follows: 

"VVIien  a  man  do  levy  war  aj^ainst  our  lord  tlie  king  in  his  Realm,  or  he 
adherent  to  the  king's  enemies  in  his  Reahii,  giving;  them  aid  and  comfort  in 
the  Realm  or  elsewhere,  and  thereof  i>e  provahly  attainted  of  open  deed  by  the 
people  of  their  condition,  that  this  shall  be  one  ground  upon  which  the  party 
accused  of  the  oltence,  and  legally  proven  to  have  conimilted  the  otlence.  shall 
be  held  to  be  guilty  of  higli  treason." 

The  provisit)n  of  the  Constitution  of  the  I'nited  Slates 
which  defines  treason,  is  a  sidistantial  copy  of  the  old  statute 
of  I'Ldward  II 1.  It  is  as  follows:  "Treason  against  the  I'nited 
States  shall  consist  only  in  levying  war  against  them,  or  in 
adhering  to  their  eriemies,  giving  them  aid  and  comfort,"^ 
and-so-forth.  The  similaritv  lietwixt  the  iMiglisJi  statute  and 
the  American  constitutic^nal  enactment  renders  the  judicial  in- 
terpretation of  the  one  of  valtie  in  construing  the  other.  Fort- 
imately  for  the  citizen,  but  unfortunately  for  the  legal  student, 
tlie  crime  of  treason  has  been  a  stranger  to  oin-  jurisprudence. 
The  I'^nglish  decisions  arc  of  less  value  because  tlie  judges 
held  their  positions  tluring  the  royal  pleasure,  and  royally 
\\  as  interested  in  maintaining  its  prerogative. 

The  histor\-  of  the  law  of  treason  is  but  the  record  of  the 
triumph  of  liberty  over  ilivine  right —  that  bastard  eigne  of 
priest-craft  and  kingcraft.  L  nder  that  abominahle  despot- 
ism which  invented  the  /ecrctn  rcp-is.  it  was  treason  to  melt 
down  the  statue  of  an  emperor,  after  it  was  consecrateil ;  't  was 
adjudged  treason.  In  the  reign  of  Edward  IV.,  a  landlord, 
who  kept  a  iiotel  with  the  sign  of  the  crown,  said  he  woidd 
make  his  son  heir  of  the  crown,  intending  .an  innocent  pint. 
For  this  he  was  hanged,  drawn  autl  cpiartered;  and  his  prcjs- 
pective  heir  attainted.  lit  the  same  reign  the  king,  while 
hunting,  killed  a  deer.     The  owner  wished  the  tleer's  horns 

♦Constitution  of  the  I'nited  States,  Article  III.,  Section  V  . 


( nr/.i:s  /;//•;/,. 


12.) 


in  the  kiiij^'s  stonuicli.  I'or  this  offence  he  ^iifferoil  death. 
In  the  lei^n  of  the  }>freiit  "  reformer,"  Hem  y  \' III.,  it  w  ;»•« 
(lechired  to  lie  treason  ft)r  a  person  to  believe  the  kinj^'s  mar- 
riage with  Atme  of  Cleves  to  he  k.;al  and  valid.  Where 
there  were  two  rivals  for  the  throne  the  unsuccessful  parti- 
sans suffered  death. 

Jud|^e  Brackenridjije  says,  that,  durintf  the  contest  between 
the  houses  of  Lancaster  and  York,  Knj^land  was,  for  years, 
n(jthin<^  hut  a  (iolgotha.  The  detinition  of  treason  is  wliat 
Macaulay  says  of  the  habeas  corpus  act — "one  of  the  most 
stringent  checks  which  legislation  ever  imposed  on  tyranny."* 
It  is  the  only  definition  found  in  our  finulamental  law.  The 
fact  is  significant  of  the  fear  which  our  fathers  had  for  this 
dangerous  plaything  of  tyrants.  • 

There  are  two  offences  which  superficial  and  illogical 
reasoners  are  apt  to  confound.  These  aie  treason  and  riot. 
Riot  is  defined  thus:  "  A  tumultuous  disturbance  of  the  |teace, 
by  three  persons  or  more,  assembling  together  of  their  own 
authority  with  an  intent  mutually  to  assist  one  another,  against 
any  one  who  shall  oppose  them,  in  the  execution  of  some 
enterprise  of  a  private  nature;  and  afterwartls  actually  exe- 
cuting the  same  in  a  violent  and  turbulent  manner,  to  the  ter- 
ror of  the  people,  whether  the  act  intended  were  lawful  or 
unlawful. ""I- 

Treason  has  already  been  defined.  It  differs  from  riot  in 
this:  the  object  of  the  traitorous  proceechngs  must  be  of 
a  public,  anil  not  a  private  nature;  in  the  particular  species 
of  treason  charged  against  Riel,  there  must  be  a  levying  of 
war.  The'c  maybe  a  a  assembly  of  armed  men,  who  maybe 
furnished  with  guns,  rifles,  pistols,  bayonets  and  other  weap- 
ons; they  may  forcibly  resist  the  conservators  of  the  peace 
and  proceed  to  the  last  extremity.  But  still,  unless  the  object 
of  the  assembly  be  of  a  public  or  general  nature,  there  is  no 
treason.     The  two  offences  of  treason  and  riot  have  so  many 


t  i 


\ 


\\\ 


i      M 


!       ! 


i 


M' 


i-.*(i 


77//;  lil.nol)  or  Mil: I.. 


inj^rcdiciits  in  (.•ominon,  that  one  is  often  inist;ikeii  for  the  otlicr. 
We  often  read  (»f  pi'opU- assenihlinj^  toj^ether;  lireakin^  open 
a  jail,  and  resistinjjj  the  au.thority  of  the  sheriff,  for  tlie  pur- 
pose t)f  lynchin<^  some  ohnoxious  criminal.  Hnt  tliis  is  not 
levy iiijjf  war.  In  the  year  1863,  several  thonsaiul  of  the  in- 
hal)itants  of  New  ^'ork  City  arose  in  a  hotly  in  resistance  of 
conscription;  they  murdered  nej^roes;  burned  an  orphan  asy- 
hnn,  and  nearly  mined  the  Trihunc  oHice.  \'et  no  one  ever 
dreamt  of  accnsinj^  these  i)ien  of  treason.  More  th  in  a  quarter 
of  a  century  a<j;o,the  citizens  of  C'ahforniaorfj^anized  themselves 
into  vifjjilance  committees;  and  forciI)ly  assumed  the  functions 
of  the  c(Muts,  But  this  was  not  iexyini;  war.  If  such  forced 
constructions  as  have  <^overned  the  ICnj^lish  courts  pre\  ailed, 
tliere  would  he  little  safety  for  the  subject.  Such  cramped 
■M\i\  far-fetched  constructions  miji^ht  convict  any  man  (.A  trea- 
son. When  a  cliild,  I  listened  to  the  following  logic  from  the 
chairman  of  the  school-board,  who  was  addressing  the  scholars : 
"  If  you  resist  \ our  teacher,  you  resist  me;  if  you  resist  me, 
\()u  resist  the  sheriff;  if  you  resist  the  sheriff,  you  resist  the 
militia  of  the  state."*  Is  the  child  who  rebels  against  the 
teacher  guilty  of  constructive  treason?  In  this  state,  a  few 
years  ago,  the  j)eoj>le  of  certain  counties  organized  themselves 
into  bands  fo'  ihe  alleged  purpose  of  protecting  their  prop- 
eitv,  but  for  the  jjractical  purpose  of  hanging  men  accused  of 
horse-stealing.  These  men  hail  been  obliged  to  sleep  in  their 
horse-barns  for  years,  to  prevent  their  animals  from  being 
stolen.  This  became  monotonous;  they  thought  the  govern- 
ment was  insutricient;  and  they  took  the  law  in  their  own 
hands.  Without  discussing  the  wisdom  or  jiolicy  of  this 
course,  I  think  no  lawyer  would  risk  his  reputation  in  an  effort 
to  cjbta'm  a  conviction  of  treason  against  those  men.  It  was 
held  by  five  judges,  that  a  rise  of  all  the  weavers  in  and  about 
I.(.  Ion,  for  tiie  purpose  of  destroying  all  engine-looms  was 
not   treason.      What  then    is    the    gravamen   of  the  offence 

*  Edward  I).  Rand,  of  Lisbon,  N.  II.,  afterwards  Circuit  Judge. 


■ 


riTi/.i:\  ini'.f.. 


l-_'7 


of  irciiNoiir  It  is  tl\;it  which  must  l)f  the  I'ssc-ntial  in<;ri'(nfiit 
<»f  cviTs  felony  ;iiul  cviiy  inisdciucaiior,  cxcrpt,  ptihaps, 
luiisjiK't',  to-wit:  the  criminal  intent  (lcvch)|)C(l  in  a  thrcct  at- 
tempt to  (.-onimit  the  particular  offence  charyjed.  j  \H\\fc  Mrack 
enri(l«^e,  the  HlacUstone  of  I'ennsyh  ania,  says  upon  this  sul>- 
ject : 

"I  wouM  in  llic  lii^t  place  lay  aside 'coiistnictivo  tioasuiis  altoi^ellier,  aii«l 
coiitiiie  the  law  to  ;i  direct  attack  upon  tiie  government,  and  in  the  second 
place  I  \\*uld  conthie  it  to  an  attack,  (iiiiiiii  sithi <)l,niii.  Will  it  not  l>e  Ciuss 
then  to  meditate  the  oveithrowinj,'  the  ijovernnienl,  and  j;o  on  to  execnte  it  by 
a  resistance  to  a  law,  and  hy  risin^^*  for  indirect  purposes,  without  a  possibility 
of  making  proof  of  an  iviiiniis sithTcrfi'udi,  or  conspiracy  to  oveillirow  ?  l,et  it 
lie  left  to  the  jury  to  presume,  or  infer  from  the  acts  themselves,  what  the  inten- 
tion was  ;  but  let  it  always  be  in  view  as  the  essence  of  the  act,  that  there  was  a 
directly  looking  forward  in  the  mind  of  the  person  to  a  subversion  of  the  gov 
ernment,  before  it  be  construcleil  treason.  Kvery  outrage,  without  this  essential 
ingredient  may  be  repressed  and  jiunished  under  the  idea  of  a  riot,  subjecting 
to  line,  pillory,  imprisonment,  and  hard  labour.  This  will  be  more  agreeable 
to  the  common  sense  and  feelings  of  mankind,  who  niu.st  be  .struck  with  a  sense 
that  the  outrage  is  a  riot,  but  to  whom  it  cannot  be  obvious  that  it  was  medi- 
tated as  an  attempt  upon  the  government  itself,  amounting  to  high  treason.  It 
is  only  by  deduction  and  inference,  that  it  becomes  so.""' 

The  reader  will  rememhcr  that  the  Saskatchewan  rebellion 
was  local  only,  and  accordinjx  to  Lortl  Melj^iind,  the  insur- 
o^ents  oidy  sought  to  defend  their  homes  against  in\  asion.f 

W'hv  shoidd  Riel  and  his  followers  he  held  ji^uilty  of  trea- 
son for  protectin<r  themselves  against  land-thieves  more  than 
the  '-x  i<:^ilantes"  of  Nebraska,  who  were  defending  their  proji- 
erty  against  the  notorious  Albert  Wade  and  jiis  gang  of  horse- 
thieves-  Is  the  difference  l)etwcen  real  estate  and  personal 
propertN'  at  the  bottom  of  the  distinction.'  At  common  law, 
a  man  who  picked  apples  fiom  his  neighbour's  trees  without 
his  permission  was  guilty  of  a  simple  trespass;  while  he  who 
[kicked  a  windfall  from  the  ground  without  lea\e  was  a  thief, 

because  the   apple  on   the  tree  was   attached   to  the  realty. 

_-  - .  -  -  i 

"■  Law  Miscellanies,  page  495.  I  Recent  Rebellion  in  the  North-West,  A'iiit'- 
tcmlh  Century,  August,  1SS5. 


h 

■ 

I; 

i 

ll'H 


'/•///•;  /I/, on/)  OF  Mti:i.. 


lleri'  now  coint's  anotluT  niiioiis  novelty  of  law:  Tlic  man 
who  steps  outside  law  to  dffrnd  his  hoisc  is  guilty  ')f  rioi^ 
assault  «)r,  at  worst,  of  niuidei.  Ilut  he  who  steps  outside  the 
law  to  ilefend  his  home  is  j^uilty  of  treason.  Why:  Ilecause 
his  horse  is  personal  property,  and  his  home  is  real  estate. 
I'rofundity  of  lo{^icI  There  was  once  an  astute  mathema- 
tician who  tried  to  pro\  t-  that  the  stmi  of  the  anjjjies  of  an 
isosceles  triangle  were  e(|ual  to  two  ri^ht  anj^les  by  the  music 
of  the  spheres.  There  is  a  p;reat  wei^jht  of  authorities  ( ICnj;- 
lish  )  ajjainst  the  author's  |)osition.  lie  a<!;reeswith  Hrack- 
enridj^e.  The  opinions  of  judges  are  not  the  law.  They  arc 
simply  the  evidences  of  the  law. 

The  oidy  evidence  that  J<.iel  intended  anythinjjf  amoimtinj; 
to  hi<^h  treason  was  the  wild  statements  made  by  him,  as  tes- 
tified to  by  Doctor  John  II.  VV'illou<(hby  and  others.  Here 
follows  a  portion  of  W'illouj^hby's  testimony: 

"(^.  (jo  our  A.  lle(  RielJ  made  a  statement  as  to  ui) 
knowledj^e  of  his  rebellion,  that  is  of  the  former  rebellion  in 
1  S70,  and  he  said  that  he  was  an  American  citi/en,  livinj;  in 
Montana,  and  that  the  half-breeds  had  sent  a  deputation  there- 
to brin^  him  to  this  country. 

"  (^.  What  else?  A.  That  in  asking  him  to  come  they  ha<l 
told  him  their  plans,  and  he  hail  replied  to  them  to  the  effect 
that  their  plans  were  Ufleiess. 

"  Q.  Did  he  say  what  the  plans  were?  .\.  ?'Io,  I  believe 
not^  but  that  he  had  told  them  that  he  had  plaris,  and  that  if 
they  would  assist  him  to  carry  out  those  pi  ^  he  would  <^(> 
with  them. 

"  Q.  Did  he  tell  you  what  those  plans  were?  A.  ^'es,  lie 
did.* 

"  Q.  What  were  they  ?  A.  He  said  the  time  had  now  come 
when  those  plans  were  mature;  that  his  proclamation  was  at 
Pembina,  and  that  as  soon  as  he  struck  the  first  blow  here, 
that  proclamation  would  go  forth  and  he  was  to  be  joined  by 

*  A  conlradiction. 


( rn/.ES  liiEi.. 


I'jii 


had 
•ffcct 


h 


licve 
:it  if 
1(1  <4() 


cs,  lie 


half-hieeils  and  Indian^,  and  that  the  I'tiitod  Staten  wan  at  his 
I  Kick. 

"  Q.  Did  he  tell  you  anything;  more?  A.  lie  said  that 
knowinj^  hin-»  and  liis  past  histoi\,  I  niij^ht  know  that  he 
meant  what  he  said. 

"  (^.  Anythinji  else?  A.  lie  said  that  the  time  had  conie 
now  when  he  was  to  ride  this  country  or  perish  in  the  at- 
tempt. 

"Q.  (jo  on?  A.  We  had  a  lonj?  conversation  then  as  to 
the  rijfhts  of  the  half-l)reeds,  and  he  laid-out  his  plans  as  to 
the  government  of  the  country. 

"  Q.  What  did  he  say  as  to  the  government  of  the  country? 
A.  They  were  to  have  a  new  go\  ernment  in  the  North- West. 
It  was  to  be  composed  of  Gotl-fearing  men.  They  would 
have  no  such  I'arliament  as  the  House  at  Ottawa. 

"  Q.  Anything  else?  A.  Then  he  stated  how  he  intended 
to  divide  the  country  into  seven  portions. 

"  Q.  In  what  manner?  A.  It  was  to  he  dividetl  into  seven 
jjortions,  but  as  to  who  were  to  have  the  seven,  I  can  not  say. 

"  Q.  Vou  mean  to  say  you  can  not  say  how  these  seven  were 
to  be  apportioned?  A.  Yes,  lij'  mentioned  JJavarians,  Poles, 
Italians,  Germans,  Irish.  There  was  to  be  a  new  Irelanil  in 
the  North-West. 

"  Q.  Anything  more?  Did  he  say  anything  more  about 
himself  or  his  own  plans?  A.  I  recollect  notliing  further,  at 
the  present  time. 

"Q.  You  say  he  referred  to  the  previous  rebellion  of  1S70. 
What  did  he  say  in  regard  to  that?  \.  lie  referred  to  that 
and  he  said  that  that  rebellion— the  rebellion  of  fifteen  vears 
ago — would  not  be  a  patch  upon  this  one." 

Any  man  who  will  believe  that  Kiel  ever  uttered  this  lan- 
guage, or,  if  he  did,  was  serious  in  its  utterance,  must  discredit 
Riel's  sanity.  Such  language,  too,  was  inconsistent  with  his 
subse(iuent  comluct,  and  that  of  the  half-breeds. 

The  reader  will  bear  in  mind,  that  the  author  is  not  the 
9 


;   ( 


i 


irhi 


uw 


rur  /,7(M>/>  ar  Aurr 


liiiiw  M.uilonijiiU,  \\  lu>s»>  abiln\  .is  ;»  \onvtiiutional  l.-u\  ncv  is 
OiMlainlv  woUlu  ot  Uvos^uidon,  was  «ipo»lo«l  ,is  s;j>  inj;,  th;»t 
tl\iMV  \\'.u\  hccn  no  t'v  i«I«mu  «>  jM>uhu'0\l  to  sl\i<\v  th.il  Ivii'Ts  in- 
toiuiou  \\  .!••  t»>  iU'pOM>  ll\i'  l^ui'ou.  On  Jl»i^  vonti.ii  \  .  lu-  --.nil. 
(h.it  (JiM\ri.>l  MuKlIolon  h;ui  tv^jvu ',i-,l  (o  t!»v- ;;i>\  ii  nmi-nl,  thai 
ho  »h"^v  o\  ou>il  Kicrs  intention  \\  .1-.  to  l.iki'  hin\  ]>iisonri.  .u\>l 
hoKl  hnn  \\u{\\  the  i;i>\  ri  iin\<M\t  >;i;u\teil  thr  hall  ^u•^^l:^  their 
iliMnanvis  as  lo  Knuls.  IMns  was  povilive  jmooI.  that  1\  \t'l  havl 
wo  uiti-niuM*  an»l  nuuie  no  vUm»\;uuIs  a^jainst  ihei'iown.  w  huh 
aloni'vvniUl  n>nstitt>te  hi;>  h  lioavo»\.  It  appeat^,  t!>.il  tlu'inivx 
nni'\l  \\\  V.\\\^\;\n\\  '\\\  ,ii>vu\j;   juilnMuent  \n    the  vase.  ass»\nu\l 


evn 


that  this  tavt  ha«l  h».'»>n  aih\ntte\l  l>\  KieTs  nMn\sol  at  lhiMn\u' 
o\  thf  twal.  Kier>»  aktion.  stiti  Nt\,  Ma»'.lo\i;;aU.  was  >«in»pl\ 
a  not.  st.r.ti'vi  m  thv"  h-^po  that  the  i;o\iMnnunt  wo\4lil  hr  lev! 
to  aeeo\vl  the  halt'  huN-.l^  then  iiijhls.* 


\i 


w  1  o\i 


K'  ''> 


»e  aiithoi   IN  lOijtent  to«'iMi   witl\  IMatv*. 


II.  \e\t.Kiel  was  liieJ  njn>n  tlu>  (htoi  \  .  iluit  \w  w  ;»s  .» 
eiti/en  v't  (.»>eat  Hiit.nn,  auvl  not  ot  thv-  I  nittJ  Si.iii-s.  ,\s 
het»Me  stateil.the  vpustion  ot  his  viti.  cM\<»lnp  was  totalU  ii;« 
lune*!,  attiM   the  nu^tiou  tor  a  eontinnanir  w  .is  ihspi>seil  oi. 


rhon\a     l>.  Kanih.mt.  "  V\\.   I 


a\  s,   thai    the  ^piestion 


w.iswholU  innu.ittM  i.tl :      In   the  wouU  i>t    v'^.uni    .\ni;nstine, 
"  A\'W.»  /i>i'#«A;.  r.»».\.»  rm/Ai.^f 

It  !>-  tine  that  t»easo\»i\in  he  eommittevl  h\  an  .ilien,  who  is 
:\  i\UMe  vlei\i.en,  or  .»  peison  within  the  jiu  isiiiition  oi  llu's»w 
tMvtijtMx  .  tlu' only  iveeption  w  hivh  is  eiHeil  lo  luinil,  hein>.;  in 
li^eeaseot  to«ei>;n  .■in\lv»s>»avK>»s,  juul  ahen  enenjies   invailiui; 


l\ 


\e  eout\ti\ 


These  tu>t.  Iw    lu'lion  ot   law,  are  eonsiileteil 


as  l>ein^  within  the  iniisilietiiM\  oi  the  so\  e\eii;ntv  i\on\  w  hieh 
the\  ate  aee)  eiiiteil.     Tlu-  *.eev 


>iul  aie  hut   the  sej\  .nu^  of  tl 


u* 


so\eieii;nt\   ti>  w  hieh  thix   ow  e  i»llej;ianee. 

So  till  as  the  e;ip;ihililv  to  eommit  the  vWteiKC  oi  Ireasoti  is 
*  Ckt..ic.-  .*>♦*».'.?.  NovfittWrn,  tSS->      MiUiary  jrpiMl  ot  r.eneml  Muhtlcion. 


■  ' 


i  in/r.\  a7a;/. 


m 


\\\\\  their  is  this  ihstiuvlion  :  \\w  ;»llfi;iaiu  i-  ot  thi'  iosliliM\(  .»hcn 
is  tiM\>poi.u\  ;  .iitU  only  »ont»um'N  w  hiU-  hi-  !■>  »hMniv'»li'»l  within 
\\\c  v\ninti  \  .  Hut  [\w  {ilK'j^i.iiu  c  ot  \\\c  v  ili/tii  is  jui  potual,  tm- 
Us>  hi>  «^\|>,itn.no  hiiusi'lf,  aiul  .itl.uhos  ti>  hiiw  w  hru'\  or  hci>li»\ 
hf,  \N  lu'lhiM  in  thi' s.uuU  »>t  S.il);U;io(  in  tl\o  snows  ot  SihtMiit. 

In  .ill  >n>iu'( uunls  lot  tuMs,M\  the  allocation  ot  \i mu",  as  m 
t!u>  nitonnation  as^aitist  Kiil,  is  a  ^iisionKUs  alU>;;.»tion ;  "  At 
t!u-  Kh'.iUin  known  ;(s  I'ish  V.  loi'k,  in  tho  s.iul  N«Mtl\  \\  i-st 
TiMi  itoi  ii"s  ot  I'.ui.iihi,  ;nul  wilhm  this  UiMhti,"  aiul  s»»  |\Mtlu 
Piohahls  it  tho  tait  »>t  tho  otton.Un 's  v  it>.  onship  ap|HMUil,  tho 
Ni'inu'WvMiM  not  ho  i\uUotial. 

l»nt,  ii\  A  oasi'  in\ol\in;>,  lifo  oi  !in\h.  a  fa^t  twaloiial  tv>  tho 
ostahhshn\ont  ot  i!»o  >4i;i\an»tn  o\  v<ist  ot  tho  >'l"tonoo  lan 
haivU\  hoptrsunu^l  a>;ainsi  iho  «loton«lant.  It  wouKl  sooin, 
that    I'ithiM   tl\o  vili.'onship  oi  i!\i>  \onni'  wouKI    \\.\\c  to  hi-  i-s- 


tahl 


lsht"/l    .IS    A     Ul.lttOI    ot      |M  .Mt, 


n 


sahont  ponn  ot  sjuh  |>i  oot,  w  onUl  hi>  tho  oas\  ;nnl  nalni.ilont 


>o   ladoi ,  hoinv.;    I  lio   ntost 
ml 


n 


\o»i"  is  not  in  tho  w  lioU'  lovo 


III  ot     K  lol's    t 


I  ial,  o\w  |ol  oi 


tittlo  ol"  pioot,  th.il  lio  lOin  mitt  Oil  a  sii\i;lo  o\  oi  I  .lot  w  ilhin  tho 
Koalin  of  I  lot  Ih  ilannio  MajostN  .  No  l.iw  \  oi  w  ill  i  laim,  that 
a  v'lniit  oonlil  t.iUo  iihlioial  oovjiu.-anoo  ot  tlu*  faot.  that    i  wiKI 


stio.iin  iinunni"    thioui'h  a   ra\  mo  \\  as  wiihin   tho  \inno 


l.iul 


in  tho  iiulivtinont.      Tho   lawwns  who  i    oil   tho  oanso  .it  Ko 
i^inawoio  not  tools,  anil  tho  only  tational  ptosumption  is, that 
thoy  woio  pioioi'iliii';-  upon   thi"  assumption,  that    Kiol  was  a 
iiti.  on  ot"  V  '.in.iila. 

It  van  n»>t  ho  oontoniloil  that  tho  Dominion  ^mornmont 
piooooiloil  \ipon  tlio  thooiv  ot'  "  onoo  a  iiti/on,  ilw.us  ;»  oiti 
.en."  l'\n  this  lolii  ot  toviilalism  is,  lon^  suui",  ovpKuloi!. 
Tho  riiiht  o{  o\p  iti  iation,so  lonv;  oontoiulcil  foi  h\  Ami-iioa, 
w  as  oonooiloil  h\  iiuat  Hiitain  in  tho  troat)  ol  i.S-o.*  It  has 
boon  aiknoyyloilj^otl  h\  tho  nalions  of  oontmonujl  F-iiiopc  ^^llcc 
tho  I'lonoh  KoNolntion.f 

*  IVitci  Nlomc  on  v'iiuciislnp,     f  li'i'^h 


i   I 


1 


HUritfiaiiHUM* 


I 


I     I 


132 


7//7<;  BLOOD  OF  An  EL. 


It  may  be  contended  on  behalf  of  President  Cleveland, 
that,  as  Riel's  counsel  never  urj^ed  the  question  of  his  citizen- 
ship at  the  trial,  and  as  he  never  himself  petitioned  the  United 
Sta;es  government,  the  government  was  justified  in  refus- 
ing to  even  examine  into  the  cjuestion  of  his  naturalization. 
This  is  too  absurd  for  serious  refutation.  Such  a  rule 
would  have  left  Martin  Koszta  to  imprisonment  and  death. 
If  the  Greeks  of  Homer  had  acted  upon  such  a  theory, 
they  would  have  been  deaf  to  the  "  groans  and  cries  of 
Helen." 

HI.  The  point  as  to  Kiel's  insanity  was  never  fairly  sub- 
mitted to  the  jury.  He  was  tried  under  the  old  rule,  which 
pres'ailed  in  England,  that  upon  the  question  of  sanity  or  in- 
sani*:y,  the  burden  is  upon  the  defendant.  This  is  the  rule 
which  prevails  in  most  of  the  states  of  the  American  L  nion; 
and  there  is  nothing  particularly  cruel  about  it. 

It  was  shown,  that  Riel  had  once  been  insane.  There  can 
be  no  doubt  upon  this  point,  lie  was  afflicted  \vith  a  most 
peculiarly  deceptive  form  of  insanity.  I  further  appeared, 
that,  at  th.e  time  of  the  commi  sion  of  the  acts  c"om[)lained-of, 
tiie  defendant  exhibited  the  same  symptoms  which  were  dis- 
covered at  the  period  of  his  former  allliction. 

Such  a  state  of  facts  established,  the  most  careful  and  pains- 
taking inciuiry  was  demantled;  the  thorough  sifting  of  the 
facts,  and  the  scrupulous  weighing  of  the  proofs.  The  only 
witness  whose  testimony  was  of  any  value  was  Doctor  Roy. 
He  unhesl^ntingly  pronounced  Riel  insane.  The  others  had 
only  a  few  hours'  examination  upon  which  to  base  an  opinion 
which  it  required  months  to  form  with  any  degree  of  cer- 
tainty. After  the  verdict,  the  government  sought  to  bolster 
it  up  with  a  batch  of  cx-parte  certificates.  It  is  needless  to 
write  upon  the  value  of  cx-partc  testimony,  even  where  the 
witness  is  under  oath.  Cross-examination,  as  every  lawyer 
knowF,  is  the  great  discoverer  of  falsehood. 

IV.   The  misconduct  of  the  court,  in  commenting  upon  the 


CITIZEN  III  EI.. 


i;w 


testimony,  has  already  been  spoken  of,  in  the  account  of  the 
trial.* 

V.  There  v\asa  material  variance  l)et\veen  the  ip.for  Hiailo;^. 
and  the  proofs. 

Each  count  of  the  information,  upon  which  Kiel  was  con- 
ilemned,  contained  the  foUowinj)^  allegation:  *' Together  with 
diveis  false  traitors,  to  the  said  Alexander  Davitl  Stewart  un- 
known," and-so-forth. 

Upon  this  method  of  pleading,  that  is,  describing  a  person 
in  an  indictment  as  unknown,  Mr.  Bishop  says: 

"  Suppose  it  turns  out  on  the  evidence  that  the  grand  jury  were  wilfully  igno- 
rant, and  might  have  known  the  name  if  they  had  chosen;  then,  the  reason  on 
vvhi-'h  this  form  o(  theallttjation  is  allowed,  failing,  the  allegation  itself  will  1*^ 
held  on  the  trial  to  be  insuHlcient,  or  to  be  insufficiently  sustained  by  the  proofs 
adduced.  As  observed  in  an  English  case,  'The  want  of  description  is  only 
excused  when  the  name  cannot  be  known.'  In  other  words,  since  the  doctrine 
which  allows  this  forn'.  uf  ih*^  allegation  rests  on  necessity,  it  can  be  sustained 
no  further  than  it.>  foundation  extends. "f 

This  certainly  would  be  necessary  in  a  trial  for  high  trea- 
son, a  crime  which,  as  everv  lawver  knows,  is,  like  riot  and 
conspiracy,  iinpossible  for  one  man  to  commit  alone.  It  is 
impossible  to  l)elie\'e  that  Alexander  David  Stewart  had  not 
heard  of  Gabriel  Dumont  and  other  half-breeds  engaged  with 
Riel.      Tlie  variance  was  fatal. 

In  speaking  of  President  Clevelanil,  the  writer  will  be 
mindful  of  the  facts,  that  that  man  is,  at  present,  the  repre- 
sentative of  over  fift}'  millions  of  people;  that  the  citizens 
who  have  chosen  him  as  their  staiulard-bearer,  are  the  au- 
thor's coimtr\'men;  and  constitute,  presumabK,  one  of  the 
most  enliglitened  nations  under  heaven;  that  before  being 
called  to  this  high  position,  he  had  been  Governor  of  the 
great  state  of  New  York,  receiving,  upon  his  election  to 
that  oilice,  the  largest  relative,  if  not  aiisolute  majority,  of 
any  candidate  in  the  history  of  our  country;  that  when 
elected  to  the  presidential   chair,  Mr.  Cleveland   \\  as   an   im- 

*Page  no,  this  volume,     f  Criminal  Procedure,  Vol.  I.,  page  335. 


W* 


V,i4 


THE  BLOOD  OF  ABEL. 


known  man,  whose  demise  wouUl  hardly  have  caused  a  local 
sensation,  while  his  opponent  was  a  man  really  illustrious; 
that  when  elected  president  his  competitor  was  one  of  the 
most  famous  men  in  America,  with  large  experience  in  public 
affairs. 

In  commenting  upon  the  otHcial  conduct  of  the  Secretary 
of  State,  the  writer  will  try  to  bury  personal  prejudice,  and 
forget,  that  it  was  Thomas  F.  Bayard  who  said,  that  Philip 
IT.  Sheridan  was  unfit  to  breathe  the  free  air  of  a  republic. 

''  Thou  shalt  not  speak  evil  of  the  prince  (jf  thy  people," 
is  the  writer's  scriptural  motto. 

An  ancient  sage  was  once  asked  what  was  the  best  form 
of  government.  He  answered,  in;  substance,  that  that  form 
of  government  was  the  best  which  treated  an  injury  to  the 
meanest  citizen  as  a  wrong  to  the  state  itself.  A  more  accu- 
rate definition  could  not  be  framt'd. 

The  excellence  of  a  government  is  in  its  substance  and  not 
its  form.  A  demagogue  elevated  to  power  by  an  ignorant 
and  clamouring  mob,  is  hardly  preferable  to  the  despot  ruling 
by  the  ancient  fiction  of  divine  right. 

The  pages  of  the  Pentateucii  and  Iliad,  as  well  as  the  col- 
umns of  the  mfxiern  newspaper,  bear  testimony  to  the  will- 
ingness of  a  good  government  to  protect  the  rights  of  its  cit- 
izens. 

At  the  time  of  the  expedition  of  the  four  kings.  Lot,  the 
nephew  of  Abraham,  was  taken  prisoner.  In  those  patri- 
archal days  the  family  was  the  state.  The  story  is  told  in  the 
XIV.  chapter  of  Genesis,  and  it  is  impossible  to  improve  upon 
the  simplicity  of  the  sacred  narrative: 

"  When  Ahrain  had  heard,  to-wit,  that  his  brotlier  Lot  was  taken,  he  num- 
bered of  the  servants  born  in  his  house,  three  hundred  and  eighteen  well  ap- 
pointed: and  pursued  iheni  to  Dan.  And  dividing  his  company,  he  rushed 
upon  tliem  in  the  night,  and  defeated  them,  and  pursued  them  as  far  as  Ilobah, 
which  is  on  the  left  hand  of  Damascus,  And  he  brought  back  all  tlie  sub- 
stance, and  Lot  his  brother  with  his  substance,  the  women  also  and  the  people. 
And  the   King  of  Sodom  went  out  to  meet  him  after  he  relumed  from  the 


CJTl/JLX  HI  EL. 


13."> 


i 


J  slaughter  of  Cliodorlahomor,  ami  of  the  kiii^s  that  were  with  him  in  the  vale  of 
Save,  which  is  the  King's  vale.  But  Melchisedech,  the  Kin<;  of  Salem,  bring- 
ing forth  bread  rnd  wine,  for  he  was  the  Priest  of  the  most  high  (iod,  blessed 
him,  and  said  :  Ulessed  be  Abram  Ijy  the  r.>osl  high  Clod,  who  created  heaven 
and  earth.  .\nd  lilessed  be  the  most  high  (jod,  by  whose  protection  the  ene- 
mies are  in  thy  hands.  And  he  gave  him  the  tithes  of  all.  And  the  King  of 
Sodom  said  to  Al)ram .  Give  me  the  persons  and  the  rest  take  to  thyself.  And 
he  answered  him:  I  lift  up  my  hand  to  the  Lord  (Iod,  the  most  high,  the  pos- 
sessor of  heaven  and  earth,  that  from  the  very  woof-thread  unto  the  shoe-latchet, 
I  will  not  take  of  any  things  that  are  thine,  lest  thou  say:  I  have  enriched 
Abram:  except  suth  things  as  the  young  men  have  eaten,  and  the  shares  of  the 
men  that  came  with  me,  Aner,  Kscol  and  Maiiibre:  these  shall  take  their  sliares." 

The  Mesopotaiiiiati  consiclerecl  an  iiijiify  done  to  one  of  his 
kin  as  an  injury  to  the  patriarchal  state  itself. 

Paul  was  apprehended  upon  the  charge  of  sedition  and  sac- 
rilege. He  was  bound  with  thongs,  and  the  torturer's  lash 
was  about  to  be  administered,  when  the  intimation  that  the 
prisoner  was  a  Roman  citizen  stayed  the  uplifted  hand.  The 
words:  Civis  Rotnanjis  sum^  had  such  jjower  that  even  a  poor 
tent-maker,  in  an  obscure  province  of  the  Roman  Empire, 
could,  by  their  single  utterance,  save  hiinself  from  the  igno- 
minious discipline  of  the  scourge. 

An  insult  to  the  humblest  of  Rome's  citizens  was  a  wrong 
to  the  Empire  itself. 

Turning  from  scriptural  to  classic  tale,  we  read  of  the  story 
of  the  Grecian  Helen,  carried  off  by  Paris,  the  libertine  prince 
of  Troy.  This  rape  of  Helen  was  considered,  by  the  whole 
Achaian  race,  as  an  insult,  not  only  to  Sparta,  whose  queen 
she  was,  but  to  Thessalians  and  Epirots  aitd  Argives  alike. 
The  Greeks  fitted  out  an  array  of  1,200  vessels,  and  100,000 
men. 

This  great  fleet  set  sail;  but  the  first  time  they  mistook  a 
part  of  the  Asiatic  coast  called  Teuthrania,  for  the  plains  of 
Troy;  and,  a  storm  arising,  they  were  driven  back  upon  the 
Grecian  coast.  The  scattered  fleet  was  collected  at  Aulis, 
upon  the  coast  of  Greece.  Agamemnon,  according  to  the 
legend,  is  informed,  that  the  expedition  cannot  proceed  unless 


N 


I  1 


i^ 


S  1^ 


ft      I 

lt.ft 


r;5(i 


THE  BLOOD  OF  AUFL. 


his  (laugher  Iphi<;ciiia  is  sacrillccd  to  the  jj[0(ls.  So  sacred 
were  the  rights  of  a  Grecian,  that  a  \  irj^in's  l)lo()(l  was  not 
too  dear  a  price  to  he  paid  for  the  ransom  of  the  capti\e 
princess.  Better  the  death  of  one  woman  than  the  ilishonour 
(»f  another. 

An  injnry  done  to  a  frail   woman   was  an   insult,  not  only 
to  her  nation,  hut  to  the  entire  race. 

In  the  year  1847  there  lived  at  Athens  a  Portu<^uese  Jew, 
named  Don  Pacifico,  This  man  was  a  native  of  Gihraltar, 
hence,  hy  accident,  a  native-horn  suhject  of  her  Britannic 
Majesty.  It  had  heen  customary  amon<^st  the  Greeks  to  cel- 
ehrate  l£aster  by  hurninij  an  effij^y  of  Judas  Iscariot.  But 
that  year  the  police  had  heen  commanded  to  prevent  it.  The 
disappointed  rahhle  charj^^ed  this  to  the  secret  iulhience  of  the 
Jews.  Boor  Don  Pacitico  happened  to  live  near  the  spot 
where  the  imaginary  Judas  was  annually  burned.  The  un- 
fortunate Hebrew,  heinjj^  the  handiest  thin*(,  was  selected  by 
the  mob  as  the  devoted  object  of  their  wrath.  Don  Pacifico 
claimed  an  indemnity  of  nearly  thirtv-two  thousanil  pounds. 
Lord  Palmerston  was  at  the  head  of  the  foreign  olhce.  He 
demanded  an  immediate  settlement.  Palmerston  became  pos- 
sessed of  the  idea  that  the  French  government  was  interfer- 
ing against  the  claim  of  Don  Pacilico.  This  nearly  invohed 
England  in  a  war  with  France.  Finally  Sir  William  Parker 
was  ordered  to  Athens  for  the  purpose  of  obtaining  satisfac- 
tion. Failing  in  this,  the  Admiral  blockaded  the  Piraeeus. 
The  Greek  government  appealed  to  France  ami  Russia,  as 
powers  joined  with  England  in  a  treaty  io  protect  the  inde- 
pemlence  of  Greece.  The  powers  complained  that  they  had 
not  been  consulted  in  the  affair,  when  they  were  told,  in  dip- 
lomatic language,  to  mind  their  own  business.  During  this 
controversy  Lord  Stanley  introduced  resolutions  of  censure 
upon  the  ministry.  They  were  carried  in  the  Upper  House. 
Mr.  Roebuck  introduced  a  contrary  resolution  in  the  Lower 
House.     This  led  to  one  of   the  most  remarkable  'del)ates  on 


.    l! 


i'lTIZEX  lUEL. 


\m 


record,  in  which  Sir  Alexander  Cockhurn  made  liis  reputa- 
tion in  support  of  Pahnerston.  'The  minister  triumphed,  and 
the  right  of  a  despised  Israehte  to  the  protection  of  the  tlat; 
under  which  he  was  horn  was  estal)Hshed. 

Thus  was  an  injury  to  a  Portu<juese  Jew  ( surelv  not  hetter 
than  an  educated  iialf-breed)  considered  an  insult  to  the  hon- 
our of  a  Christian  state. 

In  the  year  1864,  Theodore,  the  Kin«j  of  Abyssinia,  im- 
prisoned Captain  Cameron,  a  citi/en  of  Great  Britain.  Two 
years  later  he  was  released  on  the  demand  of  the  foreijjjn 
office;  but  was  again  remanded  to  prison.  A  second  demand 
from  the  (^ueen  met  with  no  res])onse.  The  l^ritish  govern- 
ment fitted-out,  at  Bombay,  an  army  of  |,ooo  English  troops 
and  S,ooo  sepoys  under  Sir  Robert  Napier.  They  landed  at 
Annelsey  Bay.  The}'  marched  through  the  pass  of  Senafe? 
and  through  four  hundred  miles  of  desert  waste  and  proceeded 
to  jMagdala.  They  stormed  that  mountain  fortress,  set  their 
captive  coimtryman  at  lil>erty;  and  "planted  the  standard  of 
Saint  (xeorge  on  the  mountains  of  Rasselas."* 

All  this  for  the  release  of  ^m  obscure  subject  whose  name 
would  have  been  unknown  to  fame,  but  for  the  fact,  that  his 
Queen  deemed  his  imprisonment  an  insult  to  Her  Majesty. 

AV'ho  of  us  Americans  has  not  felt  his  heart  swell  with  pride 
at  the  tale  of  Martin  Kosztaj  and  Captain  Ingraham.  We 
can  almost  forgive  Duncan  Ingraham  for  his  subsequent  trea- 
son, in  view  of  his  plucky  contluct  at  .Smyrna.  The  tale  is 
familiar  to  every  school-boy. 

Kostza  was  a  Hungarian  who  had  been  engaged  in  the  re- 
be^lion  of  18  |S.  Subsequently,  in  Xew  York,  he  had  de- 
clared his  intention  of  becoming  an  American  citizen.  He 
afterwards  went  to  Smyrna,  where  he  was  seized  by  some 
persons  in  the  employment  of  the  Austrian  consul.     Koszta 

*  Disraeli's  speech  in  Parliament  upon  the  ele\  alion  of  Sir  Robert  Napier  to 
the  peeraj^e,  as  I'aron  Napier  of  Maj^dala.  t  Porter  Mor-;e  on  Citizenship,  pp. 
68-70, loS,  244. 


I  I' 


t    1/ 


it 


las 


THE  BLOOD  OF  AliEL. 


was  taken  out  into  the  harbour,  and  thrown  overboard.  He 
was  picked  up  by  an  Austrian  mati-of-war,  and  hekl  a  jiris- 
oner.     The  l/nited  States  consul  remonstrated  in  vain. 

The  United  States  sloop-of-war  Saint  Louis, Captain  Dun- 
can N.  Ingraham  was  in  the  harbour.  The  chivalrous  com- 
mander instantly  demanded  Kos/ta's  release.  Upon  beiuf;^ 
refused,  he  cleared  his  vessel  for  action,  when  the  Austrian 
commander  deemed  it  prudent  to  yield.  Kos/.ta  was  given  up; 
and  shijjped  to  the  United  States.  W^illiam  L.  Marcy,  the  then 
Secretary  of  State,  under  President  Pierce,  sustained  Captain 
Ingraham's  actioti,  in  a  diplomatic  correspondence  with  M. 
IIulseman,the  charge  iV affaires  of  Austria. 

We  had  a  government  then.  Let  it  be  remembered  that 
Koszta  had  Hed  a  fugitive  from  Austria;  and  while  under 
ban,  he  had  simply  declared  his  intention  of  becoming  an 
American  citizen.  Yet  so  jealous  was  Pierce's  administration 
of  the  rights  of  Americans,  that  an  injury  done  to  one  who 
only  intended  to  become  an  American  citizen  was  a  wrong 
to  the  state  itself. 

Mr.  Blaine,  while  Secretary  of  State,  refused  to  allow  a 
certilicate  of  naturalization  from  an  American  court  to  be 
even  questioned  in  a  proceeding  upon  the  arl)itration  of  a 
claim  to  indemnity  for  injury  done  to  the  jjroperty  of  an 
American  citizen  in  Cuba.*  This  position  was  thought  to  be 
an  extreme  and  an  illegal  one.  But  better,  a  thousantl  to  one, 
such  an  error  than  the  crime  of  allowing  an  American  citizen 
to  be  hanged  i.lmost  in  sight  of  our  border. 

The  inconsistency  of  the  foreign  policy  of  the  present  ad- 
ministration is  discerned  by  a  comparison  between  the  case  of 
Louis  Riel  and  that  of  Augustus  K.  Cutting. f 

Cutting  was  a  strolling  renegade;  a  homeless,  houseless  vag- 
abond, lie  followed  the  business  of  a  printer,  and  belonged 
to   a   class   with   which  every  one   is  acquainted — miserable 

*  In  re  Buzzi  against  Spain.  |  Foreign  Relations  of  the  United  States,  1886, 
pp.  691-708, 


LlTIZEy  lUEL. 


139 


leeches,  who  frequent  small  towns  and,  callinjjj  themselves 
cilitors,  eke  out  a  precarious  existence  by  levying  blackmail 
upon  respectable  citizens,  and  periodically  nauscatinji^  the  puli- 
lic  taste  with  printed  sheets  full  of  false  syntax,  poor  orthog- 
raphy and  worse  typo<;raphy. 

This  man  was  livin*^  at  Paso  del  Norte,  Mexico,  a  place 
famous  as  bein<^,  for  a  lonjy  time,  the  seat  of  the  Juarez,  gov- 
ernment; the  spot  where  that  jioble  patriot  made  his  last 
stand,  and  refused  to  abandon  Mexican  soil. 

A  gentleman,  by  the  name  of  Emigdio  Medina,  purposed 
starting  another  newspaper  in  tiie  same  town,  which  he  had  a 
right  to  do.  For  this  crime  Cutting  abused  him  through  the 
columns  of  his  paper.  El  Centincla,  For  this  libel  Cutting 
was  brought  before  the  Mexican  court.  I  'nder  the  law  when 
the  parties  agree  to  and  sign  a  reconciliation  the  case  is  tlis- 
niissed,  which  was  dene  in  this  instance,  Mr.  Cutting  being 
rec[uired  by  the  court  to  publish  it  in  his  paper,  wjiich  he  did. 

On  the  iSth  day  of  June,  1886,  Cutting  crossed  the  river  to 

El  Paso,  Texas,  and  published  the  following  disgusting  piece 

of  solecism  in  the  El  Paso  IJerald: 

"ADVERTISEMENT.— A  CARD." 

"El  Paso,  T^x-.y^o/e- y<S", /<S'6'6. 
"  To  Emi^dio  Afeiiitta,  of  Paso  del  Norte: 

"In  a  late  issue  of  El  Centincla,  pulilished  in  Paso  del  Norte,  Mexico,  I  made 
the  a.s.seition  that  Emigdio  Medina  was  a  'fraud,'  and  that  the  Spanish  news- 
paper he  proposed  to  issue  in  Paso  del  Norte  was  a  scheme  to  swindle  adver- 
tisers, etc.  This  morning  said  Medina  took  the  maUer  to  a  Mexican  court, 
where  I  was  forced  to  sign  a  •  reconciliation.'  ^ 

"  Now,  I  do  hereby  reiterate  my  original  assertion,  that  said  Emigdio  Medina 
is  a  '  fraud,'  and  add  •  dead-beat '  to  the  same.  Also,  that  his  taking  advantage 
of  the  Mexican  law  and  iorcing  me  to  a*' reconciliation'  was  contemptible  and 
cowardly  and  in  keeping  with  the  odorous  reputation  of  said  Emigdio  Medina. 
And  shoulu  said  Emigdio  Medina  desire  *  American'  satisfaction  for  this  reitera- 
tion, I  will  bo  pleased  to  grant  him  all  he  may  desire,  at  any  time,  in  any  man- 
ner." "A.  K.  CurriNo." 

The  libel  was  circulated  in  El  Paso  del  Norte,  on  the  Mex- 
ican side  of  the  river.     For  this  offence  Cutting  was  arrested. 


'• 


4(1 


Till-:  liLohi)  or  Mii:f,. 


fi 


', 


He  was  Inst  cli:ir<;cil  utulcr  a  law,  peculiar  to  Mexico, 
which  presumes  to  mete  out  justice  for  offences  a<^ainst  Mex- 
ican citizens  committed  on  a  foreij^n  soil.  Hut  the  complaint 
was  afterwards  amended  to  include  the  publication  of  the  !il)el 
in  Mexico.  S(j  the  charfje  was  then  similar  in  the  natme  of 
its  duplicity  to  that  [^referred  a<]fainst  Kiel. 

The  histor\  of  the  tlisirustinj;  nonsense  which  followed  is 
familiar  to  the  world.  Our  j^overnment  incurred  thousands 
of  dollars  of  useless  expense  in  behalf  'of  a  i^ipsy  printer  \s  ho 
^ot  no  more  than  his  deserts.  Sed<;wick,  tJie  disciple  of 
Hacchus,  way  sent  to  Mexico  to  impress  Mexicans  with  tlie 
idea  that  himself  and  Cuttini;  were  specimens  c)f  American 
manhood.  The  president  made  Cuttinj^'s  case  a  subject  of 
special  mention  in  his  message  to  Conji^ress.  Jiut  the  whole 
affair  ended  without  a  sinjjjle  concession  on  the  part  of  Mexico. 

Contrast  the  two:  Riel,  who  refused  to  l)ecome  an  Amer- 
ican citizen  while  he  was  under  the  sentence  of  banishment, 
was  not  deemed  worthy  of  even  ha\  in<^  the  cjuestion  of  liis 
citizenship  investij^ated.  While  Cuttin<j^,  who  sneaked  behintl 
his  American  citizenship  to  protect  himself  in  the  commission 
of  a  crime,  was  worthy  of  the  most  Herculean  efforts  of  our 
^^overnment  in  his  behalf. 

The  reader  will  recall  the  fact  that  on  the  19th  day  of  June, 
1867,  Maximilian  was  shot  at  C^ueretaro.  Histloom  was  just. 
Maximilian  vvas  nothing  but  a  common  land-pirate,  iiy  the 
infamous  iilack  Decree  of  October  3,  1S65,  he  repealed  the 
laws  of  civilizetl  warfare.  It  treated  the  republicans  as  bandits 
and  allowed  of  no  appeal.  No  record  of  the  transaction  was 
made,  except  the  execution.  The  shooting  of  Thomas  Scott, 
viewed  from  an  Orangeman's  stand-point,  pales  into  tender 
mercv  beside  the  wholesale  butchery  of  the  Austrian.  The 
instrument  of  this  cruelty  was  Leonard  Marquez,  the  perpe- 
trator of  the  massacre  of  Tacubaya.  The  name  of  this  blocxl- 
thirsty  wretch  should  be  written  with  those  of  Caligula  and 
Ivan  the  Terrible. 


^    1 


tiri/J'LX  RIKL. 


141 


Yet  when  Maximilian  was  shot  a  wail  of  pity  went  from 
this  broad  land.  **  Po')r  C«rlotta!  ".  was  upon  every  tonj^iie. 
And  why  vva<-  this?  Maximilian  was  a  prince.  He  was, 
with  one  exception,  the  relative  of  every  crowned  head  in 
Europe;  cousin  to  V^ictoria,  and  brother  to  Francis  Joseph. 
We  Americans  are  not  rid  of  that  damnable  fiction  of  priest- 
craft and  kinj:(-craft.  "  Whatever  pleases  the  I'rince  is  rit^ht." 
In  Home  it  was  called  lex  regis ;  in  I<.ussia  they  call  it  "'divine 
right." 

If  Maximilian  had  a  wife,  so  had  Riel.  Carlotta  went  mad; 
Kiel's  wife,  upon  hearing  the  verdict,  fled  to  the  wiltlerness, 
and  with  ditliculty  was  brought  back,  and  after  his  death  fol- 
lowed him  to  the  grave,  dying  of  a  broken  heart. 

Riel  deserved  the  sympathy  of  all  freemen,  but  diil  not  re- 
ceive it.  Maximilian  merited  his  doom,  but  was  the  object 
of  undesei'ved  pity. 

This  little  book  is  not  written  with  the  expectation  that 
President  Cleveland  will  ever  read  it,  or,  if  he  did,  that  lie 
would  ever  comprehend  it.  Cleveland  is  called  a  man  of 
destiny.  Me  has  met,  in  his  life,  with  a  single  misfortune. 
It  was  his  defeat  for  the  otbce  of  County  Attorney  of  Erie 
county.  Ilail  he  been  elected  to  that  oilice,  he  might  have 
learned  sullicient  law  to  have  uiulerstood  that,  in  a  criminal 
case,  the  venue  is  a  very  material  part  of  the  proof  and  intlis- 
pensible  to  a  conviction. 

It  is  the  boast  of  this  republic  that  all  men  are  free  ■.xw'X 
equal;  that  the  most  lowly  born  amojig  us  can  aspire  to  su- 
perlative political  honours.  W^e  declaim  of  the  Mill-iJov  of 
the  Slashes,  and  of  the  Illinois  rail-splitter,  who  landed  in 
the  White  House.  Put  Clay  and  Lincoln  were  men  who 
had  been  schooled  by  long  experience  in  public  affairs.  The 
career  of  each  of  these  men  i-  as  the  growth  of  the  oak,  not 
the  rise  of  the  rocket. 

Josephus  tells  a  tale  which  carries  its  moral  with  it.  It  is 
an  account  of  the  election  of  the  last  of  the  high  priests. 


1  ' 


!  I 


I 


i    I 


\ 


I4ii 


'/'///•;  IUJK>1>  OF  m:i:i.. 


?>' 


Tlie  f^lory  h:nl  dcpiirtcd  fioni  Jcrusalcni ;  ;im(I  Ichalxxl  was 
written  upon  Iut  walls.  The  account  is  the  satl  sloi)-  of  the 
(le^iachition  of  a  people: 

"lieiciipon  tliey  sent  ior  one  of  tlic  ixmtiflcAl  trihos,  which  is  cnlleil 
Kniachiin  and  cast  lots  whicli  of  it  should  be  the  hi^jh  priest.  Hy  fortune,  the 
lot  so  tell  as  to  demonstrate  their  iui'juity  after  the  plainest  manner,  for  it  fell 
ii|ion  one  whose  name  was  I'iiannias,  the  son  of  Sainuel,  of  tlu'  villaj;e  Aplitlia. 
lie  was  a  man  not  only  unworthy  of  the  hijjiipricsthood,  lint  tiial  ^\\^\  not  know 
well  what  hi^jh-priesthood  was  :  such  a  mere  rustic  was  he!  Net  did  they  hail 
this  man,  without  his  own  consent,  out  ol  the  country,  as  if  they  were  aciinjj  a 
play  u])on  the  stage,  and  adorned  him  with  a  counterfeit  face;  they  also  put 
upon  him  the  sacred  garments,  and  upon  every  occasion  instructed  liim  what 
he  was  to  do.  This  horrid  i)iece  of  wickedness  was  .sport  and  pastime  with 
them,  but  occasioned  the  other  priests,  who  at  a  distance  saw  their  law  made  a 
jest  of,  to  shed  tears  and  sorely  lament  the  dissolution  of  such  a  sacred  dii^nity."* 

There  is  an  old  proverh:    "Put   a  beijfjijar  on   iiorseback, 
and  inito  the  de\  il  he  will  ride." 


*  Wars  of  the  Jews,  Book  IV.,  Chapter  III. 


;   H 


SOSDIM  FISls} 


!  n 


"+^ 


\ 


Appendices. 


* 

i  I 


■\l\ 


:  I 


Ifi'; 


I'   i 


m  i 


-rr~ 


Arri:xi)/x  i. 


146 


APPENDIX  A 


ACKNOWLEDGMENTS. 


ICCiNFl"'SS   m^•^c•lf    no  ler  oMi<j;;itioMs    to   the   fnUow  In*;- 
n. until  j^ontloim-u  f'  .    valuablo  aiil   ami   assistance  ii\  the 
completion  of  this  woik: 

FOK   riiBI.R-  liori'MKNTS. 

To  1  lonouiahle  C'li  aui.is  11.  V  an  \\"  ytk,  Nebraska  City; 
Honourable  C"iiAui.i:s  \'\  Mandkiison,  Omaha,  Nebraska; 
to  my  to^vn^man,  Honourable  I'^owAuu  K,  \' ai.kn  iink ; 
(tKOKiiK  W.  lU'KHKincE,  Sir  Fukdkkick  I).  Minoi.KT(i\  ami 
Hkn.ianun  Sri.  IK  of  Ottawa,  Camula;  Honourable  I'^invAKO 
Mi.AKK  aiul  JAMKs  Haink  A:  S(>\,  of  'I'oronto,  Canmla. 

l't>K    lACl'S. 

To  Sir  FuKuicuu  K  H.  Mipoi.k  ion,  before  named  ;  Hon- 
ourable Hi't.M  l<  u  II  VKOSON,  o{  Re«^ina;  joskimi  Kn:i, 
bri>ther  of  Louis,  who  writes  frt>m  Saint  X'ital,  Manitoba; 
The  Most  Reveieml  Ai.i;x andku  ANroNix  Taciik,  Arch- 
bishop i>f  Saint  IJoniface,  aiul  Father  Kunsiku,  the  assistant 
of  my  friend  and  pastor,  the  Kevereiul  Joskimi  Kiksim;, 
pastor  of  Saint  Mary's  church,  West  Point. 

For  kiiul  words  atul  \aluable  typojjjraphical  sug^estion^: 
To  my  friend,  (niANr  Ni:i  u;ii,  of  this  city. 

I  must  not  forj^et  my  little  amanuensis,  Zkd  Huiiios. 
lo 


I 


14f) 


THE  liLOOl)  OF  ABEL. 


:i:  '    ,i 


IMi 


11  f 


I  have  read  tiie  follovvinj^  l)ooks,  pamphlets  and  papers: 

The  Creation  of  Manitoba,  or  History  of  the  Red  River 
Troubles,  by  Alexander  Begg. 

Adam,  G.  Meiiceu.  The  North-West :  Its  History  and 
Its  Troubles.      Toronto,  1SS5. 

Canadian  Public  Documents.  The  Queen  vs.  Louis  Riel. 
Ottawa,  1 886. 

Rebellion  in  North-West  Canada,  T'/ie  Nineteenth  Cent- 
ury, August,  1885. 

Mui-vaney,  Charles  Pelham.  History  of  the  North- 
West  Rebellion.     Toronto,  1S85. 

RuNDALL,  Thomas.  Voyages  toward  the  North-West, 
1496  to  1631.  Ilakluyt  Society  Publication.  Statutes, 
Papers,  and  Canadian  Public  Documents. 

Beside  the  foregoing,  I  have  consulted  the  files  of  various 
newspapers  of  Canada  ami  of  the  United  States. 

I  have  read: 

Rebellion  Nuinber  of  the   Winnipeg  Sun. 

Speech  of  Honourable  Edward  Blake,  delivered  in 
House  of  Commons  at  Ottawa,  March,  1S86. 

Speech  of  Honourable  Jonx  S.  D.  Thompson,  delivered 
in  the  House  of  Commons. 

Manitoba  ;  Its  Infancy,  Growth,  and  Present  Condition, 
Professor  Bryce. 

Campaign  speeches  of  Honourable  Edward  Blake,  pub- 
lished in  pamphlet  form:    Hunter,  Rose  &  Co.,  Toronto. 

Thomas  D.  Rambaut's  book,  and  others  too  numerous 
to  mention. 

Professor  Goodrich,  of  Burlington,  Vt.,  has  the  thanks  of 
his  old  pupil  for  critical  suggestions. 

I  have  other  sources  of  information,  that  I  do  not  feel  at 
liberty  to  disclose. 


W.  F.  B. 


West  Point,  1S87. 


APPENDIX  B, 


141 


APPENDIX  B. 


[IndMincnf  upon  Which  Ricl  Was  Outlawed.] 


If  ONI  SOIT  qui  MAL  Y  PENSE.     DJEU  ET  MOi\  DROIT. 


CANADA, 
Province  of  Manitoba 


>■    Court  Oj 


if  Queen's  Bt'nch.     [Crown  Side.) 


November  Term,  1S73. 


-^I^IIE  jurors  for  our  Lady  the  Queen,  upon  their  oath, 
^    present 

That  Louis  Riel,  on  the  fourth  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy,  at  Upper 
Fort  Garrv,  a  place  then  known  as  being  and  lying  and 
situate  in  the  district  of  Assinniboia,  in  the  Red  River  settle- 
ment, in  Rupert's  Land,  and  now  known  as  being,  lying  and 
situate  at  Winnipeg,  in  the  county  of  Selkirk,  in  the  Province 
of  Manitoba,  Dominion  of  Canada,  feloniously,  wilfully  and 
of  ftis  malice  aforethought,  di<l  kill  and  murder  one  Thomas 
Scott.* 

Against  the  form  of  the  statute,  in  such  case  made  and  pro- 

*  It  is  unnecessary  to  point  out  to  a  criminal  lawyer,  that  the  charging  part 
of  this  indictment  is  good  for  nothing.  Under  such  pleading,  a  man  might  l>e 
convicted  of  shooting,  stabbing  or  poisoning,  and-so-on,  aJ  infinitum. 


;      I 


! 


if 


(i 


II  ill' 


M; 


X: 


I4S 


THE  II  LOO  I)  OF  AliF.L. 


vidcd,  :in(l  a<jaiiist  the  peace  of  our  said  Laily  the  C^iieen,  her 
Crown  and  diy^nity. 

[Signed]  IIKNKV  J.  CLAKKK,  (^)  c:,, 

Altorttey-  (Icncral. 


\  fiKfot'Kf  (f  as  J'o//<tir.-<:] 

No.  iS.  Court  of  Queen's  JUMich  (Crown  side),  Manitoba. 
Noveniliei-  Term,  1S73.  The  C^ueen  ao-ainsi  Louis  Riel. 
Indictment  for  murder.     A  true  bill. 

[Signed]  \V.  S.  LANSDALK, 

Forctfiati. 


Fyled  this  1  ^th  November,  1873.     Judj^^nient  (>f  outhiwry 
this  lothchiy  of  I'^ebruary,  a.d.  1''S75. 

[Signed]  DANIEI,  CASEY, 

Prothonota'-y  (uui  (7rik  of  C/v:c'n  and  Peace. 


A /'/'/: x/)ix  r 


14'.> 


APPENDIX  C. 


iCojjt/  of  tin    liccord  of  A'icPs  Nutiiralizatinii.] 


L\  THE  r.  S.  DISTRK  T  COIRT  OF  THE  THIRD  JlhUlM.  DISTRICT  OF  THE 

TERR  I  TOR  y  OF  MO  NT  A  NA . 


^ 


I'KESHM  :  Hon.  1).  S.  WADK,  Judge. 


In  thk  Matter  ok  thk  Ai-i'lication  oi- 
LOUIS  DAVID  KIEL,  an  Alien, 

To  Hecome  a  Citizen    oi     iiik    United 
Statfjj  oi-  America. 


L\'  Ori'.N  COURT, 
March    Term,    A.D.    iSSj, 
this   ibt'i  day  of  March, 
A.D.  iS8j,  as  yet  of  said 

Term. 


IT. appearing  to  the  satisfaction  of  this  court,  hy  the  oaths 
of  E.  L.  Merrill  and  Levi  Jerome,  citizens  of  the  United 
States  of  America,  witnesses  for  that  purpose;  tirst  duly 
sworn  and  examined,  that  Louis  David  Riel,  a  native  of 
Canada,  has  resided  within  the  limits  and  under  the  jurisdic- 
tion of  the  United  States  live  years  at  least,  last  past,  and 
within  the  Territory  of  Montana  for  one  year  last  past;  and 
that  during  all  of  said  five  vears'  time  he  has  behaved  as  a 
man  of  good  moral  character,  attacheel  to  the  principles  of 
the  Constitution  of  the  I'nited  States,  and  well  disposed  to 
the  good  order  ami  happiness  of  the  same;  and  it  also 
appearing  to  the  Court,  hy  competent  evidence,  that  the  said 
applicant  has  heretofore,  and  more  tlian  two  years  since,  and 


I  f- 


1.50 


TJIE  BLOOD  OF  ABEL. 


in  due  form  of  law,  declared  his  intention  to  become  a  citizen 
of  the  United  States,  and  having  now  here,  before  this 
Court,  taken  an  oath  that  he  will  support  the  Constitution  of 
the  United  States  of  America,  and  that  he  doth  absohitclv 
and  entirely  renounce  and  abjure  all  allegiance  and  fidelity  lo 
every  foreign  Prince,  Potentate,  State  or  Sovereignty  what- 
ever, and  particularly  to  Victoria,  Queen  of  Great  Britain. 
It  is  therefore  ordered,  adjudged  and  decreed,  that  the  said 
Louis  David  Kiel  be  and  he  is  hereliy  admitted  and  declared 
to  be  a  citizen  of  the  United  States  of  America. 

D.  S.  WADE, 

Judge. 
Signature:   LUUIS  DAVID  KIEL. 


it; 


Ofkice    of  the    Clkkk    of    the    Umtkd  ^        ' 
States  District  Court  of  the  Thiri^ 
Judicial  District  of  the  Territory    [   '''^*         ' 
OF  Montana. 

T,  B.  K.  Tatem,  Clerk  of  the  United  States  District  Court 
of  the  Third  Juciicial  District  of  the  Territory  of  Montana, 
said  court  being  a  court  of  record,  having  common  law 
jurisdiction,  and  a  Clerk  and  Seal,  do  certify  that  the  above 
is  a  true  copy  of  the  Act  of  Naturalization  of  Louis  David 
Riel  as  the  same  appears  upon  the  records  of  said  court  now 
in  my  ofHce. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
affixed  the  seal  of  the  said   court  this  9th  day  of 

[l.s.]     October,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  eighty-six,  and   in  the  year  of 

our  Independence  the  1 1  ith. 

B.  K.  TATEM, 

CUrk. 
By  C.  C;.  REYNOLDS,  Deputy  Clerk. 


AI\l*EXJ>IX  I). 


151 


APPENDIX  D, 


lfiif()i')na(ion  upon  Which  li  id  was  'Pried,  ConvicfKJ  find  E.n  cn((d.'\ 


SIXTH  (lay  of  July,  in  the  year  of  our  Lord  iSS5,at  the 
town  of  Regina,  in  the  North-West  Territories. 

Hefore  me,  Hugh  Richardson,  one  of  the  Stipendiary  Mag- 
istrates, of  the  North-West  Territories,  exercising  criminal 
jurisdiction  under  the  provisions  of  the  North-West  Act,  iS8o. 

Louis  Riel,you  stand  charged  on  oath  hefore  me,  as  follows: 

"  The  information  and  complaint  of  Alexander  David 
Stevyart,  of  the  city  of  Hamilton,  in  the  Province  of  Ontario, 
in  the  Dominion  of  Canada,  chief  of  police,  taken  the  sixth 
day  of  July,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  eighty-Hve,  before  the  undersigned,  one  of  Her 
ALajestv's  Stipendiary  Magistrates,  in  anil  for  the  said  North- 
West  Territories  of  Canada,  who  saith: 

"1.  That  Louis  Riel  being  a  subject  of  Our  Lady  the 
^ueen'^^  not  regarding  the  duty  of  allegiance,  nor  having  the 
fear  of  God  in  his  heart,  but  being  moved  and  seduced  by 
the  instigation  of  the  devil,  as  a  false  traitor  against  our  said 
Lady  the  Queen,  and  wholly  withdrawing  the  allegiance, 
fidelity  and  obedience  which  every  true  antl  faithful  subject 
of  our  said  Lady  the  Queen,  should  and  of  right  ought  to 
bear  towards  our  said  Lady  the  Queen,  in  the  year  aforesaid, 
on  the  twenty-sixth  day  of  March,  together  with  divers  other 
false  traitors,  to  the  said  Alexander  David  Stewart  unknown, 
armed  and  arrayed  in  a  warlike  manner,  that  is  to  say,  with 

*  The  Italics  are  mine. 


T 


'  ) 


I  HI: 


'i  v^ ' 


1*    \   ,; 


152 


THE  nboai)  OF  AJiEL. 


guns,  rifles,  pistols,  bayonets  and  other  weapons,  beinjr  then 
unlawfully,  maliciously  ami  traitorously  assembled  and  j^ath- 
ered  t(»<:jethor  against  our  said  Lady  the  Queen,  at  the  loLality 
known  as  Duck  f^ake,  in  the  said  the  North- West  Territories 
of  Canatla,  and  within  this  Realm,  and  did  then  maliciously 
and  traitorously  attempt  and  endeavour  by  force  and  arms  to 
subvert  and  destroy  the  constitution  and  j^overnment  of  this 
Realm,  as  by  law  established,  and  deprive  and  depose  our 
said  Lacly  the  (^ueen  of  and  from  the  style,  honour  and  kin«;^!y 
name  of  the  Imperial  Crown  of  this  Realm,  in  contempt  of 
our  said  Lady  the  Queen  and  her  laws,  to  the  evil  example 
of  all  others  in  the  like  case  offendinj^,  contrary  to  the  duty 
of  the  allegiance  of  him.  the  said  Lcniis  Rle!,  against  the  form 
of  the  statute  in  such  case  made  and  jirovided,  and  against  the 
jieace  of  our  said  Lady  the  Queen,  her  Crown  and  dignity. 

'*  2.  And  the  said  Alexander  David  Stewart  further  isaith: 
That  the  sakl  Louis  Riel,  being  a  subject  of  our  Laily  the 
Queen,  not  regaiding  the  duty  of  his  allegiance,  nor  having 
the  fear  of  God  in  his  heart,  but  being  moveil  and  seduced  by 
the  instigation  of  the  devil,  as  a  false  traitor  against  our  Ladv 
the  Queen,  and  wholly  withdrawing  the  allegiance,  fidelity 
and  obedience  which  every  true  and  faithful  subject  of  our 
said  Lady  the  Queen  should  anil  of  right  ought  to  bear  to- 
wards our  said  Lady  the  (^ueen,  on  the  twenty-fourth  day  of 
April,  in  the  3ear  aforesaid,  together  with  divers  other  false 
traitors,  to  the  said  Alexander  David  Stewart  unknown,  armed 
ami  arrayed  in  a  warlike  manner,  that  is  to  say,  with  guns, 
rifles,  pistols,  bayonets  and  other  weapons,  being  then  unlaw- 
fully, maliciously  iWuX  traitorously  assembled  and  gathered 
together  against  our  said  Lady  the  Queen,  most  wickedly, 
maliciously  and  traitorously  did  levy  and  make  war  against 
our  said  Lady  the  Queen,  at  the  locality  known  as  Fish 
Creek,  in  the  said  the  North- West  Territories  of  Canada,  and 
within  this  Realm,  and  did  then  maliciously  and  traitorously 
attempt  and  endeavour  by  force  and  arms  to  subvert  and  de- 


,1  rrr.xDix  />. 


153 


stroy  the  constitution  and  jjoveniniciit  of  this  Realm,  as  by 
hiw  established,  and  deprive  aiul  cK-jiose  our  saiti  l^ady  the 
Queen  of  and  from  the  style,  honour  anil  kingly  name  of  the 
Imperial  Crown  of  this  Realm,  in  contempt  of  our  said  Lady 
the  Queen  and  her  laws,  to  the  evil  example  of  all  others  in 
the  like  case  offending,  contrary  to  the  duty  of  the  allegiance 
of  him,  the  said  Louis  Riel,  against  the  form  of  the  statute  in 
such  case  made  and  provided,  and  against  the  peace  of  our 
said  Lady  the  Queen,  her  Crown  and  dignity. 

"3.  And  the  sai<l  Alexander  David  Stewart  further  saith: 
That  the  said  Louis  Riel,  being  a  subject  of  our  Lady  the 
Queen,  not  regarding  the  duty  of  his  allegiance,  nor  having 
the  fear  of  Cxod  in  his  lieart,  but  being  moved  and  seduced 
by  the  instigation  of  the  devil,  as  a  traitor  against  our  said 
Latly  the  Queen,  and  vvholl}'  withdrawing  the  allegiance, 
fidelity  and  obedience  which  every  true  and  faithful  subject 
of  our  said  Lady  the  Queen  should  and  of  right  ought  to 
bear  towards  our  said  Lady  the  Queen,  on  the  ninth,  tenth, 
eleventh  and  twelftli  days  of  May,  in  the  year  aforesaid,  to- 
getht-'r  with  divers  other  false  traitors,  to  the  saiil  Alexander 
David  Stewart  unknown,  armed  and  arrayed  in  a  warlike 
mannerj  that  is  to  say,  with  guns,  rifles,  pistols,  ])ayonets  and 
other  weapons,  being  then  unlawfully,  maliciously  and  trai- 
torously assembled  and  gathered  together  against  our  said 
Lady  the  Queen,  most  wickedly,  maliciously  and  traitorously 
did  levy  and  make  war  against  our  said  Lady  the  Queen,  at 
the  locality  known  as  Hatoche,  in  the  said  the  North-West 
Territories  of  Canada,  within  this  Realin,  and  did  then  mali- 
ciously and  traitorously  attempt  and  endeavour,  by  force  and 
arms,  to  subvert  and  destroy  the  constitution  and  govern- 
ment of  this  Realm,  as  by  law  established,  and  deprive  and 
depose  our  said  Lady  the  Queen  of  and  from  the  style, 
honour  and  kingly  name  of  the  Imperial  Crown  of  this 
Realm,  in  contempt  of  our  said  Lady  the  Queen  and  her 
laws,  to  the  e\il  example  of  all  others  in  like  case  offending, 


i    I 


IVl 


THE  /ILOOI)  i>F  AliEI.. 


I 


) 


1  '•     h 


contrary  to  the  duty  of  the  allegiance  of  him,  the  said  Louis 
i<.iel,  ajjfaiiist  the  form  of  the  statute  in  such  case  made  and 
pro\  ided,  ami  aj^ainst  the  peace  of  our  said  Lady  the  Queen, 
her  Crown  and  dignity. 

"4.  And  the  said  Alexander  David  Stewart  further  saith: 
Tliat  the  said  Louis  Riel,  then  living  zcithin  the  Dominion  of 
Canada  and  under  il.>c  protection  of  our  Sovereign  J^ady  the 
};lnee//*,  not  rej^archiij^  the  duty  of  his  allej^iance,  nor  having 
the  fear  of  (iod  in  his  heart, l)ut  heinj^  moved  at\d  seduced  by  the 
instigation  of  the  tlevil,  as  a  false  traitrr  against  our  said  Lady 
the  Queen,  and  wholly  withdrawing;  tiie  allegiance,  fidelity 
and  obedience  which  he  should  and  of  right  ought  to  bear 
towards  our  said  Latly  the  Queen,  on  the  twenty-sixth  day  of 
^Llrch,in  the  year  aforesaid, together  with  di\ers  other  false 
traitors,  to  the  said  Alexander  David  Stewart  unknown, 
armed  and  arrayed  in  a  warlike  manner,  that  is  to  say,  with 
gu!js,  rilles,  pistols,  bayonets  and  other  weapons,  being  then 
unlawfully,  maliciou.dy  and  'raitorously  assembled  and  gath- 
ered together  against  our  said  Lady  the  Queen,  most  wick- 
edly, maliciously  and  traitorously  did  levy  and  iiake  war 
against  our  said  Lady  the  Queen,  at  the  locality  known  as 
Duck  Lake,  in  the  said  the  North-West  Territories  of  Canada, 
and  within  this  Realm,  and  did  then  maliciously  and  traitor- 
ously attempt  and  endeavour  by  force  and  arms  to  subvert  and 
destroy  the  constitution  and  government  of  this  Realm,  as  . 
by  law  established,  and  depri\e  and  depose  our  said  Lady 
the  Queen  of  and  from  the  style,  honour  and  kingl)'  name  of 
the  Imperial  Crown  of  this  Realm,  in  contempt  of  oui'  said 
Lady  the  Queen  and  her  laws,  to  the  evil  example  of  all  others 
in  like  case  offending,  contrary  to  the  duty  of  the  allegiance  of 
him,  the  said  Louis  Riel,  against  the  form  of  the  statute  in 
such  case  made  and  provided,  and  against  the  peace  of  our 
said  Lady  the  Queen,  her  Crown  and  dignity. 

"5.  And  the  said  A)e\ander  David  Stewart  further  saith: 

*  The  Italics  are  mine. 


:■ ,. ' 


\i  I.  '  i 


A  PPllXDTX  I). 


16.") 


That  the  said  Louis  Riel,lhcn  livin]t(  within  tlie  Doniiiiioji  of 
Canada,  and  under  the  protection  of  our  Sovereign  Laily  the 
Queen,  not  re*j:irdin^  the  duty  of  his  allefjjiance,  nor  ha\  inj^ 
the  fear  of  (jod  in  his  heart,  but  being  moved  and  seduced 
by  the  insti<;ati'>n  of  the  devil,  as  a  false  traitor  against  our 
said  Lady  tlie  C^ueen,  and  wholly  withdrawinj^  the  alle- 
tciance,  fidelity  and  obi-dience  which  he  should  and  of  right 
ought  t(»  bear  towards  om-  said  I^ady  the  Queen,  on  the 
twenty-fourth  day  of  April,  in  the  year  aforesaid,  together 
with  divers  other  false  traitors,  to  the  said  Alexander  David 
Stewart  unknown,  armed  and  arrayeil  in  a  warlike  manner, 
that  is  to  say,  w  ith  guns,  rifles,  pistols,  bayonets  and  other 
weapons,  being  then  uidawfully,  maliciously  and  traitorously 
assembled  and  gathered  together  against  our  said  Lady  the 
Queen,  most  wickeilly,  maliciouslv  and  traitor'^-..',iy  did  levy 
and  make  war  against  our  said  Lady  the  Queen,  at  the  locality 
known  as  Fish  Creek,  in  the  said  the  North-West  Territories 
of  Canada,  and  within  this  Realm,  and  did  then  maliciously 
and  traitorously  attempt  and  endeavour  by  force  and  arms  to 
subvert  and  destroy  the  constitution  and  government  of  this 
Realm,  as  by  law  established,  and  deprive  and  depose  our  said 
Lady  the  C^ueen  of  and  from  the  style,  honour  and  kingly 
name  of  the  Imperial  Crown  of  this  Realm,  in  contempt  of 
our  said  Lady  the  Queen  and  her  laws,  to  the  evil  example 
of  all  others  in  like  ca>e  offetulirig,  contrarv  to  the  allegiance 
of  him,  the  saitl  Louis  Riel,  against  the  form  of  the  statute  in 
such  case  made  and  provided,  and  against  tlie  peace  of  our 
said  Lady  the  (^uecn,  her  Crown  and  dignity. 

"6.  And  the  said  Alexander  David  Stewart  further  saith: 
That  the  said  Louis  Riel,  then  living  within  the  Dominion  of 
Canada,  and  under  the  protection  of  Our  Sovereign  Lady 
the  Queen,  not  regarding  the  duty  of  his  allegiance,  nor  having 
the  fear  of  God  in  his  heart,  but  being  moved  and  seduced 
by  the  instigation  of  the  de\  il,  as  a  false  traitor  against  our 
said  Lady  the  Queen,  and  wholly  withdrawing  the  allegiance, 


l.VJ 


77/ a;  IllJiOl)  or  MIEL 


I* 

p    ■ 


illl 


,1 1 


\ 


fidelity  and  ()l)t'die»ce  which  he  should  ;nul  of  rijjht  oujjht  t<> 
bear  towards  our  saiil  Lady  the  Queen,  on  the  ninth,  tenth,' 
eleventh  and   twelfth  days  of  May,  in  the  year  aforesaid,  to- 
gether with  divers  other  false  traitors,  to  the  said  Alexandci 

and  arrayed  in  a   warlike 


D 


m 


IVKl 


St 


ewarl  iniknown,    arniet 


annor,  that  is  to  say,  with  jjnns,  rilles,  pistols,  bayonets  and 
other  weapons,  bein^jf  then  unlawfully,  maliciously  and  trai- 
torously assetnl)led  and  {gathered  together  a«;aihst  om*  sai<i 
Lady  the  (jueen,  most  wickedly  and  maliciously  and  traitor- 
ously did  levy  and  make  war  a<ijainst  our  said  Lady  the  Queen, 
at  the  locality  known  as  Batoche,  in  the  saiil  the  Xortli-\\  est 
Territories  of  Canada  and  within  this  Realm,  and  did  then  ma- 
liciously and  traitorously  attempt  and  endeavour  by  force  and 
arms  to  subvert  and  destroy  the  constitution  and  j^overnnient 
of  this  Realm,  as  by  law  established,  and  deprive  anil  depose 
our  said  Lady  the  (^ueen  of  and  from  the  style,  honour  and 
kingly  name  of  the  Imperial  Crown  of  tliis  R.ealm,  in  con- 
tempt of  our  said  Lady  the  Queen  and  her  laws,  to  tlie  e\  il 
exam))le  of  others  in  like  case  offenditij:^,  contrary  to  the  diity 
of  allegiance  of  him,  the  said  Louis  Riel,  against  the  form  of 
the  aiute  in  such  case  made  and  provided,  and  against  the 
peace  of  our  said  Lady  the  (^neen.  her  crown  and  dignity." 

[Slgiif.IJ  "  A.  I).  STKWAkT." 

Sworn  before  me,  the  day  and  year  lirst  al)o\  e  ir.eiilioned, 
at   the  town  of  Re<'ina,  in   the   North- West  Territories  of 


an 


luh 


[Signedj 


HUGH  RICHARDSON, 

A  Stipettiliary  Mai:;i>trate 
III  mid  fur  the  Sor'h-U'es/  Tcnilorif.s  of  ('nvntla. 


-r : 


A  I' I' i: MUX  /:. 


157 


APPENDIX  E. 


[Oj)f  ,1  l.'tf,,'  (,/  /,,„iis  irirl,   /'iift/ishrfl  ill   (ht    Irish    W'ui-hf  of  A'o- 

i'n/i/>i  r-Jl,  IKS.').] 


[The  followiiifj  is  one  of  the  most  scathing  arniif^nmciits  of  Iltitish  tyranny 
ever  piihlislied,  since  llm  clay  Junius  indictcil  his  celeljiated  letter  to  the  kinj;.]' 


7o  the  Citizens  of  the  United  States  i>f  Amcrira. 

pJ^EI.LOVV-MEN:— The  outside  world  has  heaid  but  little 
*  of  my  pcopli'  since  the  be<^iiiiiiii^  of  this  war  \\\  the 
North-West  Territory,  and  that  little  has  been  related  by 
afjents  and  apoloj^n'sts  of  the  bloodthirsty  Jiritish  Etnj)ire. 
As  of  old,  Eti^^laiurs  infernal  tnachination  of  luilschood  has 
been  employed  to  defame  our  character,  to  misrepresent  our 
motives,  and  to  branil  our  soldiers  and  allies  as  cruel  sava^res. 
These  things  I  learn  from  American  papers,  which  come  to 
me  through  the  same  channel  that  I  send  this  to  you.  •  The 
i:^\\K\.  which  our  enemies  have  in  view  is  plain.  Their  object 
is  to  prevent  good  people  from  extending  to  us  their  sympa- 
thy while  they  themselves  may  rob  us  in  the  dark  and  murder 
us  without  pity. 

Of  one  hundred  or  more  papers  that  now  lie  in  my  tent, 
The  Irish  World,  I  find,  is  the  only  true  friend  we  have.  In 
the  columns  of  this  far-famed  journal,  the  truth  is  fully  told. 
England's  orghns  in  the  United  States  and  Canada  falsely 
aver  that  my  people  have  no  grievances.  To  contradict  their 
false  statements,  I  now  write  to  the  defender  of  the  oppressed 


Ml 


^t; 


158 


THE  BLOOD  OF  AliKL. 


IS' 


y 


'T  ... 


Mr.  Patrick    Ford,  whose   Irisii    World  will   publisli   a   true 
statement  of  the  facts  in  all  corners  of  the  <(lohe. 

Our  lands  in  the  North-Wot  Territory,  :ne  possession  of 
which  was  solemnly  conllrmed  by  governnjent  fifteen  years 
ago,  have  since  been  torn  from  us,  and  given  to  land-grabbers 
whvj  never  saw  the  country  -and  this  after  we  had  cut  down 
forests,  plucked  up  stumps,  removed  rocks,  ploughed  and 
seeded  the  soil,  and  built  substantial  homes  for  ourseh  cs  and 
our  chililren. 

Nearly  all  the  gotul,  available  lands  in  this  territory  (as  is 
the  case  with  the  lanils  East  of  the  Rocky  iVIoimtains)  are 
already  in  the  clutches  of  ICnglish  lords,  who  have  large  herds 
of  cattle  grazing  thereon;  and  the  riches  which  the>;e  lands 
produce  are  drained  out  of  the  country  and  sent  over  to  lCi\^'- 
land  to  be  consumed  by  a  people  that  fatten  on  a  system  that 
jjauperizes  us. 

This  wholesale  robbery  and  burglary  has  been  earned  on, 
ami  is  still  carried  on,  with  the  connivance  of  accursed  England. 
The  result  is  extermination  or  slavery.  iVgainst  this  mon- 
strous tyranny  we  have  been  forced  to  rebel.  It  is  not  in 
human  nature  to  (juietly  acquiesce  in  it. 

In  their  treatment  of  us,  however,  the  V)chaviour  of  the 
English  is  not  singular.  Follow  those  pirates  the  world  over, 
and  you  will  find  that  everywhere,  and  at  all  times,  they 
adopt  the  same  tactics,  and  operate  on  the  same  thievish  lines, 

Ireland,  India,  the  Highlands  of  Scotlaid,  Australia,  and 
the  isles  of  the  Indian  Ocean — all  these  countries  ■••«e  the  sad 
evidences,  and  their  native  populations  are  the  witnesses  of 
England's  land- robberies. 

Even  in  the  United  vStates — and  it  is  a  burning  shame  for 
the  government  and  the  people  of  that  great  and  free  nation 
to  have  it  to  be  said — English  lords  have,  within  a  few  short 
years,  grabbed  territory  enough  to  form  several  large  states. 
Alas!  for  the  people  of  your  country !  Alas!  for  the  govern- 
ment for  whose  independence  and  glory  the  soldiers  of  George 


A  PPEXDIX  K. 


i5y 


Washinf,toti  fouy:ht  bare-foot  aj'aiiist  the  cut-throats  and 
hell-hounds  of  En<^lami!  Alas!  that  this  same  evil  power 
should  be  allowed  to  return  and  reconquer  so  much  of  your 
nation  without  a  shot  beln*;^  fired  or  even  a  word  of  protest 
beinuj  uttered  in  the  name  of  the  American  people  I 

Vcur  government,  which  has  allowetl  her  citizens  to  be 
robbetl  of  their  heritage  by  English  lords  and  English  capi- 
talists, has  also  given  aid  and  comfort  to  the  English  in  per- 
mitting: her  (ieneral*  Howard  to  come  to  Manitoba  and  the 
North-West  Territory  to  school  the  assassins  that  were  sent 
from  Toronto  to  murder  me  and  my  people,  and  to  give  the 
Queen's  Own  lessons  in  handling  the  American  Ciatling  gun, 
as  well  as  in  granting  license  to  British  soldiers  and  Hritish 
ammunition  intended  for  our  destruction  to  pass  over  Amer- 
ican soil.  \\y  its  conduct  in  this  entire  business  the  adminis- 
tration at  Washington  has  made  the  United  States  the  ally  of 
England  in  fighting  a  people  who  are  fighting  only  for  homes 
and  firesides.  Does  it  require  two  powerful  nations,  such  as 
the  United  States  and  England,  to  put  down  the  Saskatche- 
wan rebellion  ?  (j  rover  Cleveland  and  .Secretary  Hayard  have 
much  to  answer  for. 

It  is  now  evident,  as  The  Irish  World  has  charged,  that 
these  two  high  ofiicials  of  the  United  States  are  more  Eng- 
lish than  American.  The  animus  they  have  shown  towards 
my  people  and  me  for  the  past  two  months,  as  well  as  the 
friendship  and  aid  they  have  extended  to  our  enemies,  '"?.  but 
an  additional  confirmation  of  what  has  been  charfred  against 
them. 

Can  it  be  possible  that  the  American  people,  or  any  con- 
siderable portion  of  them,  have  any  real  sympathy  with  Eng- 
land? Have  they  not  read,  has  it  not  come  down  to  them 
from  bleeding  sire  to  son,  of  the  crimes  and  the  atrocities  and 
fiendish  cruelties  u  hich  that  wicked    power  intlictetl  upon 

*  Riel  was  mistaken.  This  ciealuie  was  not  a  general;  neither  was  he  a 
soldier  of  our  governmenf. 


160 


IIIE  BLOOD  OF  ABEL. 


\ 


their  patriotic  fathers  during  the  Revolution?  Of  the  Amer- 
ican towns  wantonly  given  to  the  flames  by  order  of  English 
commanders;  of  the  horrors  of  the  English  prison  ships,  and 
the  barbarities  imposed  by  the  English  upon  American  pris- 
oners of  war?  Does  not  American  history  record  the  out- 
rages perpetrated  by  England  upon  American  commerce  and 
American  citizenship  which  led  to  the  war  of  1S12?  And  is 
it  not  still  fresh  in  the  memory  of  men  of  middle  age  how, 
when  the  republic  was  engaged  in  a  life-and-death  struggle 
with  the  slave-holders'  rebellion,  England  gloated  over  your 
troubles  and  sent  her  sympathy  and  her  money  and  her  armed 
ships  to  your  enemies  to  destroy  your  Union  and  to  bring  the 
American  name  in  disgrace  before  the  world  ?  Generous  minds 
forgive  injuries,  but  spaniels  lick  the  hand  that  smites  them. 
The  American^  are  not  spaniels;  but  there  are  sycophants  and 
lickspittles  in  America,  nevertheless,  and  those  base  natures 
are  but  to  the  honest  people  of  to-day  what  the  Tories  were 
to  the  honest  and  patriotic  people  a  century  ago.  They  are 
not  Ar.iericans. 

A  word  here  to  the  French  and  Irish  of  Canada,  and  I  am 
done:  I  beg  and  pray,  that  they  will  not  allow  themselves  to 
be  intluced  by  any  threats  or  by  any  blandishments  to  come 
out  against  uf,.  Our  cause  is  just,  and  therefore  no  just  man 
of  any  race  or  nationality  ought  to  stand  opposed  to  us.  The 
enemies  who  seek  our  destruction  are  strangers  to  justice. 
They  are  cruel,  treacherous  antl  bloody.  And  yet,  like  the 
tiger,  they  are  only  obeying  the  instincts  of  their  nature,  liut 
for  the  Irish  people,  who  for  centuries  have  been  robl)ed  and 
massacred  and  hunted  from  their  island  home  by  the  Eng- 
lish, and  whose  good  name  is  reviled  by  the  English  in  all 
lands,  or  for  the  Canadian  French,  who  are  subjected  to  the 
grossest  and  most  ruffianly  abuse  from  the  same,  to  aid  in 
any  way  these  enemies  would  be  not  only  wrong  but  stupid 
and  unnatural. 

In  a  little  while  it  will  be  all  over.    We  may  fail.    But  the 


APPI'LXDJX  n 


161 


nghts  for  which  we  contend  will  not  die.  A  day  of  reckon- 
mg  wd  come  to  our  enemies  and  of  jubilee  to  my  people. 
The  hated  yoke  of  English  domination  and  arrogance  will 
be  broken  in  this  land,  and  the  long-suffering  victims  of  their 
•  njust.ce  wdl,  with  God's  blessing,  re-enter  into  the  peaceful 
enjoyments  of  their  possessions. 

Batoche.  N.  W.  T..  May  6,  ,SSj.  ^^^^^  ^^^' ' 


^^5^B$^«#J 


1 1 


ff'^-i- 


1(>2 


Till':  liL(H)i)  nr  m\i:l. 


APPENDIX  F. 


[n<llrr(t/  Mdjftr  Mfi/frf  /o  f/H   r.ditnr  of  Th    Tranlh  r.} 


W 


L'U 


[translation.] 

Washinivion,  U.  C,  Atii^itsi  3./,  /SSj. 

DEAR  FRIEND  (iAGNON--Thc  journals  which  1 
have  reccivetl  durini^  the  past  two  days,  iiuHcatc  tliat 
there  is  jj^reat  «liversity  of  views  amonj^  our  Canadian  jour- 
nahsts  in  the  United  States  in  re<jard  to  the  rij^hts  which 
American  citizenship  confers  upon  Louis  Riel,  in  his  pres- 
ent unfortunate  situation.  I  notice,  too,  that  public  meetings 
are  beinj^  held,  and  petitions  si<^ned,  and  that  these  meetings 
and  petitions  are  not  agreed  u])on  the  best  method  to  proceed 
to  arrest  the  execution.  Evidently  there  is  danger  that  the 
generous,  humane  action  of  our  people  may  be  devoid  of  in- 
rtuence,  by  reason  of  the  diversity  of  views  expressed  or  the 
poverty  of  the  arguments  advanced  in  the  memorials  ad- 
dressed to  our  government,  asking  its  interference  in  Riel's 
case. 

iJeing  desirous  to  ascertain  the  views  of  the  Department  of 
State  in  regard  to  this  matter,  so  a>>  to  satisfy  myself,  atul,  if 
opportunity  affordeil,  l)e  of  service  to  my  compatriots,  1  called 
on  Secretary  Hayard  this  afternoon  to  t;dk  over  the  matter 
with  him.  We  discussed  the  subject  together  at  considerable 
length.  From  our  interview  1  can  say  that  the  following  is 
snl»stantially  tiie  views  of  the  department  of  state;  of  course 
the  form  in  which  it  is  expressed  is  my  own: 

I^irst.  The  American  government  will  not  take  the  initia- 
tive in  examining  into  Riel's  citizenship  or  the  rights  there- 
under.* 


*  This  absurdity  is  without  precedent,  and  devoid  of  common  sense. 


f': 


APPENDIX  F. 


\m 


Svcond.  The  governincnt  has  so  far  iloiic  uothiii*^  in  the 
matter,  except  to  iiuiuire  of  the  War  Department  as  to  the 
truth  or  falsity  of  a  statement  to  the  effect  that  liiel  was  cap- 
tured on  American  soil.  This  information  was  asked  for  to 
reply  to  a  New  York  correspondent  who  in([uire(l  concerning 
the  mattei .  The  secretary  read  me  his  reply,  which  is  unim- 
portant. 

y/ii/ii.  The  government  will  take  no  action  in  the  case, 
unless  tlie  matter  is  piesented  to  its  attention  in  a  formal 
manner,  the  facts  and  arguments  upon  which  the  interference 
of  the  government  is  invoked  to  he  properly  stated  in  writing. 

Fourth,  The  government  would  not  hc'  disposed  to  in- 
(|uire  into  or  review  the  proceedings  of  the  court  which  tried 
Kiel,  nidess  it  was  sljown  tnat  he  was  iliscriminated  against, 
/.  <•.,  that  he  was  tried  hy  harsiier  methods  than  a  Canadian 
citi/en  would  have  heen  tried  hv.* 

Fifth.  The  government  recognizes  the  principle  that  every 
coimtrv  has  a  rijiht  t(j  determine  for  itself  what  constitutes 
treason,  and  it  would  not  he  disposed  to  question  Canada's 
right  to  try  Riel  for  treason  even  though  iie  he  a  native  or 
naturalized  citizen  of  the  United  States.  I  understand  the 
secretary  to  say  that  Kiel's  case  was  like  some  of  the  liish 
so-called  revolutionists,  so  far  as  it  regards  this  government, 
aiul  that  the  American  government  would  do  all  that  was 
proper  for  Riel  as  it  had  done  for  the  others. 

With  these  views  of  the  departn^.ent  of  state  hefore  us  it 
seems  to  me  that  our  duty  is  traced  more  clearly. 

^'ou  are  aware  that  I  knew  Kiel  intimately  both  before 
and  after  his  becoming  insane.  Knowing  the  material  he  is 
made  of,  as  well  as  his  intimate  views  and  aspirations,  I  be- 
lieve that  Tc//t'«  he  gave  himself  Mp  {^whcn  he  could  have 
escaped  with   Dumont)  he  did  so  with  the  detcrmiucd  pur- 

*  It  is  presumed,  that  if  Canaili.in  courts  were  in  the  hal)il  of  usiufj  torture  in 
the  trial  of  Canucks,  Secretary  Bayard  would  not  oliject  to  their  using  it  upon 
American  citizens  resident  in  Canada. 


'I 
i 


'■\   I 


164 


77 fE  HLOOD  OF  ABEL. 


pose  of  having-  himself  put  to  death  as  the  best  means  of 
serving  his  people,  and  country .  I  am  of  the  opinion  that  in 
madness  he  acted  with  an  extreme  saj^acity  which  he  might 
have  been  devoid  of  with  his  wits.  If  Riel  is  executed,  mark 
me!  the  children  of  his  executors,  in  the  not-distant  future, 
will  erect  monuments  to  his  memory.  You  know  the  history 
of  Pontiac!     Riel  is  the  Pontine  of  the  XIX.  century. 

Yours  Truly, 

EDMONI)  MALLET. 


'1' 


i  ^' 


f 


^»=^ 


A  rpExnrx  a. 


i<« 


APPENDIX  G. 


[(-'ofiij  of  L»  ft)  r  from   Majoi'  J-jIihoih/  Malh  t  to   Mr.    'J'/miiKts  J). 

JiiitiihitiitA 


Ifhruary  i),  /SS6. 
Thoimts  n.  Ramhatil,  F.sif.,  Nf'o  Vorkf  A'.  )'. 

DICAR  SIR: — ^'()Ul•  note  llnds  me  oti  the  eve  of  tny  tle- 
paitiiie  from  the  city  for  a  few  days,  and  in  the  mitlst 
of  such  f)ccupati()iis  that  is  really  impossible  for  me  to  find 
tile  newspaper  articles  which  appeared  relative  to  my  efforts 
to  have  the  U.  S.  Go\ernmeiit  interfere  in  thj  Riel  case.  ! 
will  now  give  yon  the  snb.^tanceof  what  was  done,  and  if  that 
does  not  c|i'ite  answer  yoxw  pnrpose,  let  me  know,  and  I  will 
give  you  fuller  indications  next  week. 

I  first  consultetl  Mr.  Bayard,  and  he  took  this  position,  sub- 
stantially : 

(  I  )  That  it  was  not  the  iluty  of  the  government  to  inquire 
into  the  fact  of  Riel's  American  citizenship,  and  (2)  that  the 
government  could  not  interfere  even  if  he  was  an  American 
citizen,  either  natural  or  adopted.  If  a  case  was  brought  to 
the  attention  of  his  department  it  woukl  be  examined  into,  but 
under  no  circumstances  could  the  government,  he  thought, 
interfere,  unless  it  was  shown  conclusively  that  he  had  been 
discriminated  against  ilnring  his  trial  Jw  reason  of  his  Ameri- 
can citizenship. 

When  it  became  apparent  to  me  that  the  Canadian  Gov- 
ernment had  committed  itself  to  the  execution  of  Riel,uniler 
the  pressure  brought  to  bear  upon  it  by  the  Orange  lodges  of 
Ontario,  I  went  to  the  president  and  appealed  to  him  to  pre- 


> 


10(i 


THE  liLOOD  OF  A/iJ'JL. 


*  I' 


vent  this  judicial  iniirdtT.  I  basctl  my  appeal  on  the  follow- 
ing;: (i)  That  Riel  was  an  American  citizen,  that  he  had 
heen  indicted  as  a  British  citi/.en,  his  American  citizenship 
havin«;  heen  entirely  ij^nored,  althou<;h  offer  had  been  made  to 
prove  the  fact  by  documents  captured  at  the  battle  of  liatoche, 
and  then  in  the  Canadian  (iovernment's  hands,  and  that  he 
hatl  been  tried  by  a  half  jur)  of  six  men,  selected  by  the 
judj^e,  and  that  judj^je  was  a  mere  justice  of  the  peace;  (2) 
that  Riel  was  insane;  and  I  offe  chj  testimony  to  that  effect;  and 
(3)  that  the  authority  •  pr  hui;',an  bein^  to  dcatlf  for  any 
cause  whatsoever  is  noi  ;h'.'i'tfcd  in  government,  but  is  dele- 
gated from  (jod,and  thac  fiuch  ujl^^gated  power  can  be  exer- 
cised only  in  certain  conditions, si.v...  is  sound  miiul,etc.  The 
president  seemed  much  interested  in  the  case,  expressed  him- 
self in  sympathy  with  what  1  told  him;  but  he  considered 
it  a  very  grave  matter  to  interfere.  At  last  I  asked  that  he 
send  for  Mr.  Hayard  and  the  British  minister,  antl  see  if  an 
amicable  understantliny:  could  be  made  to  save  Riel.  The 
president  then  said  he  would  consult  with  the  secretary  of 
state  and  see  what  could  be  done.  During  the  night  of  the 
same  day  the  Associated  Press  announced  that,  to  my  appeal, 
the  president  liail  been  constrained  to  ilecline  interfering  in 
the  matter. 

Respectfully  Yours, 

i:i)M(^NI)  MAI.I.KT. 


f  ' 


A  I' rr.  SI) IX  If. 


187 


APPENDIX  H 


[I/t'tft r  frtnii   Fatlnr  Ihttninu*,] 


Si.  Tkikk's  Mission,  St.  Petkr  V.  ().,  Mcjntana,  /</«.  /y,  rSS?. 
Mr.  Wilbur  F.  Bryant,  Juii^c,  WfU  I'oinf,  Nebr. 

DI"2AR  SIR: — Your  favor  at  hand  and  in  rt;|)Iy  I  would 
say  that  Louis  Rid  was  here  just  prior  ♦o  the  North- 
West  ReheUion  and  he  left  this  phice  at  the  re  ut  of  a  del- 
cjjation  composed  of  three  half-breed  men,  ho  ne  after 
him  from  their  northern  country.  He  livi'.  lu  n  about  six 
mouths,  lie  was  married  to  a  half-breed  yX^  Sidled  Mar- 
l^ueritf  Monete  from  whom  lie  had  twoch'Mren:  John,  liorn 
yth  May,  18S2,  and  Mary  Anj^elica,  born  .  ii  vScpt.,  1SS3. 
The  <i[irl  was  born  here,  and  (he  boy  somewhere  down  the 
Missouri  or  Musselshell  while  Kiel  was  living  on  the  prairie 
amonj(  the  half-l)reeds.  Politics  was  his  principal  thouj^ht, 
["you'j  inij^ht  say, and  in  tiie  last  years  from  the  democrat  [he  j 
passed  to  the  republican  party.  Sun  River  is  a  small  place 
and  he  lived  not  in  town,  but  lierc  around  the  Mission,  which 
is  about  30  miles  distant  from  Sun  River.  He  was  makinj^ 
his  liviujj;  teaching-  scIkjoI  and  [it]  would  have  been  better 
for  him,  as  lie  was  told, to  stick  at  i^antl  retire  entirely  from  all 
politics;  but  his  mind  was  changed  there,  and  this  brought  the 
unfortunate  man  to  such  a  frightfid  ^wA.  With  kindest  re- 
gards, I  remain 

\'ours  Respectfully, 

J.  damii:ns,  .V.  J. 


\HH 


TUN  ni.OOh  OF  A  It  HI.. 


APPENDIX  I. 


,1  ; 


la 


^1  it 


[  IjrHrr  J'roin  Co/oin  /J/iiff/i  liir/ifin/Moii,  Ihv  SUfti  ndidrif  M(i(/infr(iti 

Who  Trial  liir/.] 


IxKcWA,  jO//t  April,  /8S7. 

\%f\^  ^   DEAR  SIR:-   I  reply  to  the  (|iieries  con'.aincd  in 
^  ^  ^      your  letter  of  21st  insl.,  receivcil  here  to-(l.»y. 

The  officer  charged  with  the  execution  of  "Riel'  was  the 
sheriff  of  the  N.  \V'.T.,thc  actual  duty,  as  I  iiave  understood, 
being  performeil  by  his  deputy,  uniler  the  sheiiff's  supervision. 
Who  the  hangman  was  1  know  not,  nor  is  it  known  beyond 
a  sort  of  rumour  that  one  Ile'ulersou  so  actetl,  and  [as  to  | 
whether  or  not  this  man  had  been  a  prisoner  of  Kiel's  in  the 
earher  rebellion,  1  am  ignorant.  I  was  not  in  the  country 
until  1876,  and  except  traveling  through  the  Red  River 
country  on  my  way  West,  and  an  occasional  visit  to  Winni- 
peg since  '76,  I  know  but  little  of  the  people. 

There  is,  or  was  not  long  since,  a  man  John  Henderson 
here,  who  is  a  half-breed  hailing  from  Red  River,  a  freighter 
by  occupation,  and  also  a  guide,  having  formerly,  it  is  saitl, 
been  a  plain  hunter.  The  duty  of  "executing  the  law," 
however,  devolves  by  express  statute  upon  the  sheriff. 

In  the  winter  of  1884  a  gallows  was  erected  for  the  execu- 
tion of  two  men:  Stevenson,  who  suffered  the  penalty  for 
the  murder  of  a  settler.  This,  as  I  have  been  told,  was  useil 
again  in  '85,  when  Connor  was  hangetl,  and  later  in  the  exe- 
cution of  Riel,  and  still  subsists  as  part  of  the  ''public  gaol 
paraphernalia."  Yours,  \'ery  Truly, 

HUGH  RICHARDSON. 


Apph'xnrx  J. 


uw 


APPENDIX  J 


ERRATA  ET  C/f-lTERA. 


1.  At  pa<^e  12,  supply  "th''''  '^*^forc  the  proper  naim* 
"Belly." 

2.  At  piv^c  3S,  for  "Cotta  '  read  "C  ?»tu." 

3.  At  pa«^e  65,  for  "  Mcllimeiisc  "  rcaii  "  IJellimeure." 
J.   At  paj^e  79,  for  "  iiptopian  "  read  "  Utopian." 

5.  At  jjaji^e  81,  for  "  isoseles  "  read  ''isosceles." 

6.  At  page  84,  for  "  coulee- ravine  "  (as  a  conipt)und  word  ) 
read  ''coulee — ravine,"  (separated  with  dash),  the  entire  ex- 
pression: "  llavine,  with  stream  running  through  it,"  being 
the  appositive  of  "coulee." 

7.  At  page  85,  for  "  Marchard"  read  "  Marchand." 

8.  At  page  94,  for  "four  hundred  and  seven  "  lead  "  five 
hundred  and  eighty-four,  inclusive  of  non-conihatants." 

9.  The  great  bay  in  the  north-eastern  part  of  our  continent 
is  commonly  called  Hudson's  HaN ,  and  its  outlet  Hudson's 
Strait.  [  have  adopted  the  names  "  Hudson  Hay  "  and  "  Hud- 
son Strait,"  sanctioneil,  as  I  believe,  by  good  usage.- 


12 


